[Cites 30, Cited by 0]
Bombay High Court
Sangita Raghunath Sable vs The State Of Maharashtra Throught Its ... on 6 May, 2026
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
2026:BHC-AS:22080-DB
902-WP-4325-2026+.odt
Digitally signed
by SUNNY
SUNNY ANKUSHRAO
ANKUSHRAO THOTE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
THOTE Date:
2026.05.08
13:51:06 +0530
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4325 OF 2026
Santosh Hiraman Lashkare ....Petitioner
Versus
The State of Maharashtra & 4 Ors. ....Respondents
WITH
WRIT PETITION NO.433 OF 2026
Smt. Shobha Madhukar Khaire ....Petitioner
Versus
The State of Maharashtra & 5 Ors. ....Respondents
WITH
WRIT PETITION NO.834 OF 2026
Hemlata Ramdas Pagar & 1 Anr. ....Petitioners
Versus
The State of Maharashtra & 4 Ors. ....Respondents
WITH
WRIT PETITION NO.839 OF 2026
Prashant Sham Bagul & 7 Ors. ....Petitioners
Versus
The State of Maharashtra & 4 Ors. ....Respondents
WITH
WRIT PETITION NO.835 OF 2026
Samadhan Kalu Shewale & 4 Ors. ....Petitioners
Versus
The State of Maharashtra & 4 Ors. ....Respondents
Sunny Thote 1 of 147
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WITH
WRIT PETITION NO.836 OF 2026
Kiran Pandit Jadhav & 24 Ors. ....Petitioners
Versus
The State of Maharashtra & 4 Ors. ....Respondents
WITH
WRIT PETITION NO.837 OF 2026
Sunanda Daulat Bachhav & 2 Ors. ....Petitioners
Versus
The State of Maharashtra & 4 Ors. ....Respondents
WITH
WRIT PETITION NO.1999 OF 2026
Vilas Murlidhar Gangurde & 2 Ors. ....Petitioners
Versus
The State of Maharashtra & 4 Ors. ....Respondents
WITH
WRIT PETITION NO.2378 OF 2026
Yuvraj Tanaji Wani ....Petitioner
Versus
The State of Maharashtra & 4 Ors. ....Respondents
WITH
WRIT PETITION NO.2380 OF 2026
Hiralal Vitthal Patil & 1 Anr. ....Petitioners
Versus
The State of Maharashtra & 4 Ors. ....Respondents
Sunny Thote 2 of 147
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WITH
WRIT PETITION NO.2381 OF 2026
Abhijit Arun Tupe & 4 Ors. ....Petitioners
Versus
The State of Maharashtra & 4 Ors. ....Respondents
WITH
WRIT PETITION NO.2382 OF 2026
Gitabai Punja Bharati & 1 Anr. ....Petitioners
Versus
The State of Maharashtra & 4 Ors. ....Respondents
WITH
WRIT PETITION NO.2383 OF 2026
Dilip Ramesh Nikam & 3 Ors. ....Petitioners
Versus
The State of Maharashtra & 3 Ors. ....Respondents
WITH
WRIT PETITION NO.2729 OF 2026
Nikhil Ramesh Fendar ....Petitioner
Versus
The State of Maharashtra & 4 Ors. ....Respondents
WITH
WRIT PETITION NO. 3436 OF 2026
Varsha Trimbak Akolkar ....Petitioner
Versus
The State of Maharashtra & 7 Ors. ....Respondents
WITH
WRIT PETITION NO. 3462 OF 2026
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Ravindra Babasaheb Shinde & 1 Anr. ....Petitioners
Versus
The State of Maharashtra & & Ors. ....Respondents
WITH
WRIT PETITION NO. 3465 OF 2026
Maroti Babarao Ghenekar & 3 Ors. ....Petitioners
Versus
The State of Maharashtra & 7 Ors. ....Respondents
WITH
WRIT PETITION NO. 3470 OF 2026
Pushpalata Dinkar Khedkar ....Petitioner
Versus
The State of Maharashtra & 7 Ors. ....Respondents
WITH
INTERIM APPLICATION NO.2036 OF 2026
Sachin Pitambar Patil & 33 Ors. ....Applicants
Versus
The State of Maharashtra & 6 Ors. ....Respondents
WITH
WRIT PETITION NO.3631 OF 2026
Rupali Parbati Lokhande & 1 Anr. ....Petitioners
Versus
The State of Maharashtra 8 Ors. ....Respondents
WITH
INTERIM APPLICATION NO.2223 OF 2026
IN
WRIT PETITION NO.17921 OF 2025
Sunny Thote 4 of 147
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Mrs. Vanita Hanmant Borate ....Applicant
IN THE MATTER BETWEEN
Mrs. Vanita Hanumant Borate ....Petitioner
Versus
The State of Maharashtra & 2 Ors. ....Respondents
WITH
WRIT PETITION (ST) NO.7966 OF 2026
Yogesh Suresh Battise & 1 Anr. ....Petitioners
Versus
The State of Maharashtra & 4 Ors. ....Respondents
WITH
WRIT PETITION NO.4038 OF 2026
Ashok Suresh Bahir ....Petitioner
Versus
The State of Maharashtra & 5 Ors. ....Respondents
WITH
WRIT PETITION NO.4033 OF 2026
WITH
INTERIM APPLICATION NO.2396 OF 2026
Anjali Marotirao Munde ....Petitioner
Versus
The State of Maharashtra & 5 Ors. ....Respondents
WITH
WRIT PETITION (ST) NO.8937 OF 2026
Pandharinath Satwajirao Gaikwad & 6 Ors. ....Petitioners
Versus
The State of Maharashtra & 3 Ors. ....Respondents
Sunny Thote 5 of 147
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WITH
WRIT PETITION (ST) NO.9141 OF 2026
Gangadhar Dadasaheb Deshmukh & 19 Ors. ....Petitioners
Versus
The State of Maharashtra & 4 Ors. ....Respondents
WITH
INTERIM APPLICATION NO.2647 OF 2026
Santosh Hiraman Lashkare ....Applicant
Versus
The State of Maharashtra & 4 Ors. ....Respondents
WITH
WRIT PETITION NO.4441 OF 2026
Sindhu Asaram Watmode ....Petitioner
Versus
The State of Maharashtra & 6 Ors. ....Respondents
WITH
WRIT PETITION NO.4442 OF 2026
Ashok S/o Dashrath Ghule ....Petitioner
Versus
The State of Maharashtra & 3 Ors. ....Respondents
WITH
WRIT PETITION NO.4443 OF 2026
Shri Sandip s/o. Vinayak Sonawane ....Petitioner
Versus
The State of Maharashtra & 6 Ors. ....Respondents
Sunny Thote 6 of 147
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WITH
WRIT PETITION NO.4444 OF 2026
Ashok Hanmanntrao Kolgaonkar & 6 Ors. ....Petitioners
Versus
The State of Maharashtra & 5 Ors. ....Respondents
WITH
WRIT PETITION NO.4446 OF 2026
Shri Ganesh S/o Murlidhar Mahajan ....Petitioner
Versus
The State of Maharashtra & 6 Ors. ....Respondents
WITH
WRIT PETITION NO.4445 OF 2026
Sushma Laxman Dhonde & 6 Ors. ....Petitioners
Versus
The State of Maharashtra & 5 Ors. ....Respondents
WITH
WRIT PETITION NO.4448 OF 2026
Mahadev Hamant Shinde & 89 Ors. ....Petitioners
Versus
The State of Maharashtra & 4 Ors. ....Respondents
WITH
WRIT PETITION NO.4451 OF 2026
Sayyed Sallauddin Rehman ....Petitioner
Versus
The State of Maharashtra & 4 Ors. ....Respondents
Sunny Thote 7 of 147
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WITH
WRIT PETITION NO.4450 OF 2026
Rajendra Sampatrao Sakhre ....Petitioner
Versus
The State of Maharashtra & 6 Ors. ....Respondents
WITH
WRIT PETITION NO.4452 OF 2026
Yuvraj s/o. Adhar Patil & 9 Ors. ....Petitioners
Versus
The State of Maharashtra & 3 Ors. ....Respondents
WITH
WRIT PETITION NO.4454 OF 2026
Somnath Namdeo More & 1 Anr. ....Petitioners
Versus
The State of Maharashtra & 7 Ors. ....Respondents
WITH
WRIT PETITION NO.4455 OF 2026
Janabai Madhukar Jaybhay & 1 Anr. ....Petitioners
Versus
The State of Maharashtra & 4 Ors. ....Respondents
WITH
WRIT PETITION NO.4457 OF 2026
Ramchandra s/o. Tarachand Saindane ....Petitioner
Versus
The State of Maharashtra & 7 Ors. ....Respondents
Sunny Thote 8 of 147
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WITH
WRIT PETITION NO.4458 OF 2026
Pandurang Vikram Patil ....Petitioner
Versus
The State of Maharashtra & 2 Ors. ....Respondents
WITH
WRIT PETITION NO.4460 OF 2026
Vikram Suresh Patil ....Petitioner
Versus
The State of Maharashtra & 4 Ors. ....Respondents
WITH
WRIT PETITION NO.4461 OF 2026
Machhindra Sadashiv Waghmare ....Petitioner
Versus
The State of Maharashtra & 5 Ors. ....Respondents
WITH
WRIT PETITION NO.4477 OF 2026
Devananad Shivaji Kokate & 1 Anr. ....Petitioners
Versus
The State of Maharashtra & 6 Ors. ....Respondents
WITH
WRIT PETITION NO.4464 OF 2026
Dnyaneshwar s/o Vedu Chaudhari ....Petitioner
Versus
The State of Maharashtra & 2 Ors. ....Respondents
Sunny Thote 9 of 147
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WITH
WRIT PETITION NO.4465 OF 2026
Vilas Ramrao Machave ....Petitioner
Versus
The State of Maharashtra & 5 Ors. ....Respondents
WITH
WRIT PETITION NO.4466 OF 2026
Santosh Kisan Sonwane ....Petitioner
Versus
The State of Maharashtra & 5 Ors. ....Respondents
WITH
WRIT PETITION NO.4468 OF 2026
Pankaja Maganlal Wagh ....Petitioner
Versus
The State of Maharashtra & 2 Ors. ....Respondents
WITH
WRIT PETITION NO.4467 OF 2026
Sanjay s/o Santosh Patil ....Petitioner
Versus
The State of Maharashtra & 3 Ors. ....Respondents
WITH
WRIT PETITION NO.4469 OF 2026
Yuvraj Chandrabhan Lamb ....Petitioner
Versus
The State of Maharashtra & 5 Ors. ....Respondents
Sunny Thote 10 of 147
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WITH
WRIT PETITION NO.4471 OF 2026
Arun Ramkishan Misal ....Petitioner
Versus
The State of Maharashtra & 5 Ors. ....Respondents
WITH
WRIT PETITION NO.4474 OF 2026
Ajay s/o Pundlik Shirsath ....Petitioner
Versus
The State of Maharashtra & 2 Ors. ....Respondents
WITH
WRIT PETITION NO.4473 OF 2026
Shivaji Desu Chavan ....Petitioner
Versus
The State of Maharashtra & 5 Ors. ....Respondents
WITH
WRIT PETITION NO.4475 OF 2026
Ambika Baliram Bagade ....Petitioner
Versus
The State of Maharashtra & 5 Ors. ....Respondents
WITH
WRIT PETITION NO.4478 OF 2026
Swapnali Walmik Patil ....Petitioner
Versus
The State of Maharashtra & 2 Ors. ....Respondents
Sunny Thote 11 of 147
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WITH
WRIT PETITION NO.4480 OF 2026
Amol Vishnu Sanap & 1 Anr. ....Petitioners
Versus
The State of Maharashtra & 6 Ors. ....Respondents
WITH
WRIT PETITION NO.4481 OF 2026
Vinaykumar Magan Wadekar ....Petitioner
Versus
The State of Maharashtra & 6 Ors. ....Respondents
WITH
WRIT PETITION NO.4482 OF 2026
Bhagwat Ashok Khod ....Petitioner
Versus
The State of Maharashtra & 5 Ors. ....Respondents
WITH
WRIT PETITION NO.4483 OF 2026
Shyamsundar Sadashiv Palse ....Petitioner
Versus
The State of Maharashtra & 4 Ors. ....Respondents
WITH
WRIT PETITION NO.4484 OF 2026
Kalyan Dnyanoba Sanap & 2 Ors. ....Petitioners
Versus
The State of Maharashtra & 5 Ors. ....Respondents
Sunny Thote 12 of 147
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WITH
WRIT PETITION NO.4485 OF 2026
Santosh Laxman Patil ....Petitioner
Versus
The State of Maharashtra & 4 Ors. ....Respondents
WITH
WRIT PETITION NO.4486 OF 2026
Shesherao Madhavrao Pune ....Petitioner
Versus
The State of Maharashtra & 5 Ors. ....Respondents
WITH
WRIT PETITION NO.4487 OF 2026
Anil Narayan Lohar ....Petitioner
Versus
The State of Maharashtra & 4 Ors. ....Respondents
WITH
WRIT PETITION NO.4488 OF 2026
Ganesh S/o Gangadhar Kotsthane ....Petitioner
Versus
The State of Maharashtra & 4 Ors. ....Respondents
WITH
WRIT PETITION NO.4491 OF 2026
Raisa Parveen Mohammad Muneeruddin ....Petitioner
Versus
The State of Maharashtra & 5 Ors. ....Respondents
Sunny Thote 13 of 147
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WITH
WRIT PETITION NO.4489 OF 2026
Suryakant Kakasaheb Shinde ....Petitioner
Versus
The State of Maharashtra & 5 Ors. ....Respondents
WITH
WRIT PETITION NO.4490 OF 2026
Haribhau Bhaiyasaheb Kakde ....Petitioner
Versus
The State of Maharashtra & 5 Ors. ....Respondents
WITH
WRIT PETITION NO.4507 OF 2026
Dashrath Goma Vaykhar ....Petitioner
Versus
The State of Maharashtra & Ors. ....Respondents
WITH
WRIT PETITION NO.4492 OF 2026
Manisha Bhanudas Desale & 10 Ors. ....Petitioners
Versus
The State of Maharashtra & 8 Ors. ....Respondents
WITH
WRIT PETITION NO.4494 OF 2026
Sanjaykumar Vishwanath Bade ....Petitioner
Versus
The State of Maharashtra & 5 Ors. ....Respondents
Sunny Thote 14 of 147
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WITH
WRIT PETITION NO.4493 OF 2026
Babasaheb Ashruba Mulik ....Petitioner
Versus
The State of Maharashtra & 5 Ors. ....Respondents
WITH
WRIT PETITION NO.4495 OF 2026
Bhagwan Ashruba Pawar ....Petitioner
Versus
The State of Maharashtra & 3 Ors. ....Respondents
WITH
WRIT PETITION NO.4496 OF 2026
Dadasaheb Nanasaheb Pawar ....Petitioner
Versus
The State of Maharashtra & 5 Ors. ....Respondents
WITH
WRIT PETITION NO.4497 OF 2026
Sagar s/o Rewaji More ....Petitioner
Versus
The State of Maharashtra & 6 Ors. ....Respondents
WITH
WRIT PETITION NO.4510 OF 2026
Madhusudan Vishwaranjan Kulkarni ....Petitioner
Versus
The State of Maharashtra & 5 Ors. ....Respondents
Sunny Thote 15 of 147
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WITH
INTERIM APPLICATION NO.2762 OF 2026
Babasaheb Ashruba Mulik ....Applicant
Versus
The State of Maharashtra & 5 Ors. ....Respondents
WITH
WRIT PETITION NO.10270 OF 2025
Mrs. Neelam Prakash Magar & 14 Ors. ....Petitioners
Versus
The State of Maharashtra & 5 Ors. ....Respondents
WITH
INTERIM APPLICATION NO.38869 OF 2025
IN
WRIT PETITION NO.10270 OF 2025
Surekha Prabhakar Waydande & 1 Anr. ....Applicants
IN THE MATTER BETWEEN
Mrs. Neelam Prakash Magar & 14 Ors. ....Petitioners
Versus
The State of Maharashtra & 4 Ors. ....Respondents
WITH
INTERIM APPLICATION NO.38867 OF 2025
IN
WRIT PETITION NO.10270 OF 2025
Mrs. Neelam Prakash Magar & 2 Ors. ....Applicants
IN THE MATTER BETWEEN
Sunny Thote 16 of 147
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Mrs. Neelam Prakash Magar & 14 Ors. ....Petitioners
Versus
The State of Maharashtra & 4 Ors. ....Respondents
WITH
WRIT PETITION NO.10271 OF 2025
WITH
INTERIM APPLICATION NO.38865 OF 2025
WITH
INTERIM APPLICATION NO.38868 OF 2025
Mrs. Pramila Chandrakant Bhosale & 8 Ors. ....Petitioners
Versus
The State of Maharashtra & 5 Ors. ....Respondents
WITH
WRIT PETITION NO.16792 OF 2023
Asha Ambadas Kharat ....Petitioner
Versus
The State of Maharashtra & 3 Ors. ....Respondents
WITH
WRIT PETITION NO.16793 OF 2023
Balasaheb Harishchandra Anpat & 2 Ors. ....Petitioners
Versus
The State of Maharashtra 3 Ors. ....Respondents
WITH
WRIT PETITION NO.16794 OF 2023
Ganesh Jayaji Giram & 3 Ors. ....Petitioners
Versus
The State of Maharashtra 3 Ors. ....Respondents
Sunny Thote 17 of 147
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WITH
WRIT PETITION NO.16795 OF 2023
Gokul Kashinath Kalamkar & 11 Ors. ....Petitioners
Versus
The State of Maharashtra & 4 Ors. ....Respondents
WITH
WRIT PETITION NO.16796 OF 2023
Shivaji Eknathrao Avhad & 7 Ors. ....Petitioners
Versus
The State of Maharashtra & 3 Ors. ....Respondents
WITH
WRIT PETITION NO.16797 OF 2023
Maharashtra Rajya Divyang Karmachari
Sanghatana & 23 Ors. ....Petitioners
Versus
The State of Maharashtra & 4 Ors. ....Respondents
WITH
WRIT PETITION NO.16798 OF 2023
Shaila Tukaram Mungase ....Petitioner
Versus
The State of Maharashtra & 4 Ors. ....Respondents
WITH
WRIT PETITION NO.16799 OF 2023
Rajendra Vitthal Thube & 12 Ors. ....Petitioners
Versus
The State of Maharashtra & 4 Ors. ....Respondents
Sunny Thote 18 of 147
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WITH
WRIT PETITION NO.16800 OF 2023
Jyoti Eknath Jadhav ....Petitioner
Versus
The State of Maharashtra & 3 Ors. ....Respondents
WITH
WRIT PETITION NO.16801 OF 2023
Khandu Kashinath Bachkar & 3 Ors. ....Petitioners
Versus
The State of Maharashtra & 3 Ors. ....Respondents
WITH
WRIT PETITION NO.16802 OF 2023
Shrikant Fakirba Kolhe & 1 nr. ....Petitioners
Versus
The State of Maharashtra & 3 Ors. ....Respondents
WITH
WRIT PETITION NO.19547 OF 2024
Smt. Sangita Raghunath Sable ....Petitioner
Versus
The State of Maharashtra 5 Ors. ....Respondents
WITH
WRIT PETITION NO.19548 OF 2024
Eknath Dunda Sabale ....Petitioner
Versus
The State of Maharashtra & 4 Ors. ....Respondents
Sunny Thote 19 of 147
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WITH
WRIT PETITION NO.17568 OF 2025
Kiran Vishnu Ghadage & 32 Ors. ....Petitioners
Versus
The State of Maharashtra & 6 Ors. ....Respondents
WITH
WRIT PETITION NO.434 OF 2026
Smt. Jayshri Abhiman Pagar & 3 Ors. ....Petitioners
Versus
The State of Maharashtra & 5 Ors. ....Respondents
WITH
WRIT PETITION NO.17893 OF 2025
Ravindra Zumber Pimpale & 25 Ors. ....Petitioners
Versus
The State of Maharashtra & 4 Ors. ....Respondents
WITH
WRIT PETITION NO.17894 OF 2025
Lalita Madhavrao Dongre & 7 Ors. ....Petitioners
Versus
The State of Maharashtra & 5 Ors. ....Respondents
WITH
INTERIM APPLICATION NO.38857 OF 2025
Shivdas S/o. Sadashiv Ginewad & 3 Ors. ....Applicants
Versus
Lalita Madhavrao Dongare & 13 Ors. ....Respondents
Sunny Thote 20 of 147
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WITH
WRIT PETITION NO.17895 OF 2025
Nilesh Bapurao Godhane & 35 Ors. ....Petitioners
Versus
The State of Maharashtra & 5 Ors. ....Respondents
WITH
INTERIM APPLICATION NO.38858 OF 2025
Shivdas S/o. Sadashiv Ginewad & 3 Ors. ....Applicants
Versus
Nilesh Bapurao Godhane & 41 Ors. ....Respondents
WITH
WRIT PETITION NO.17896 OF 2025
Mithun Babulal Yadav & 8 Ors. ....Petitioners
Versus
The State of Maharashtra & 5 Ors. ....Respondents
WITH
INTERIM APPLICATION NO.38859 OF 2025
Shivdas s/o. Sadashiv Ginewad & 3 Ors. ....Applicants
Versus
Mithun s/o. Babulal Yadav & 14 Ors. ....Respondents
WITH
WRIT PETITION NO.17897 OF 2025
Venkat Hullapa Akkemod & 12 Ors. ....Petitioners
Versus
The State of Maharashtra & 5 Ors. ....Respondents
Sunny Thote 21 of 147
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WITH
INTERIM APPLICATION NO.38860 OF 2025
Shivdas S/o. Sadashiv Ginewad & 3 Ors. ....Applicants
Versus
Venkat Hullapa Akkemod & 18 Ors. ....Respondents
WITH
WRIT PETITION NO.17898 OF 2025
Ramkrishna Rangnath Mehetre ....Petitioner
Versus
The State of Maharashtra & 4 Ors. ....Respondents
WITH
WRIT PETITION NO.17899 OF 2025
Sachin Pitambar Patil & 33 Ors. ....Petitioners
Versus
The State of Maharashtra & 6 Ors. ....Respondents
WITH
INTERIM APPLICATION NO.38861 OF 2025
Ravindra S/o. Budha Sonawane ....Applicant
Versus
Sachin Pitambar Patil & 40 Ors. ....Respondents
WITH
WRIT PETITION NO.17900 OF 2025
Bajrang Ganpat Godse & 1 Anr. ....Petitioners
Versus
The State of Maharashtra & 4 Ors. ....Respondents
Sunny Thote 22 of 147
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WITH
WRIT PETITION NO.17901 OF 2025
Shri Sunil Dagadu More & 13 Ors. ....Petitioners
Versus
The State of Maharashtra 7 Ors. ....Respondents
WITH
INTERIM APPLICATION NO.38862 OF 2025
Ravindra S/o. Budha Sonawane ....Applicant
Versus
Shri. Sunil Dagadu More & 21 Ors. ....Respondents
WITH
WRIT PETITION NO.17902 OF 2025
Shri Ajitkumar Gulabrao Patil & 12 Ors. ....Petitioners
Versus
The State of Maharashtra & 5 Ors. ....Respondents
WITH
INTERIM APPLICATION NO.38863 OF 2025
Ravindra S/o. Budha Sonawane ....Applicant
Versus
Shri. Ajitkumar Gulabrao Patil & 18 Ors. ....Respondents
WITH
WRIT PETITION NO.17903 OF 2025
Mahendra Maruti Bankar & 1 Anr. ....Petitioners
Versus
The State of Maharashtra & 6 Ors. ....Respondents
Sunny Thote 23 of 147
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WITH
WRIT PETITION NO.17904 OF 2025
Yogesh Rambhau Aher ....Petitioner
Versus
The State of Maharashtra
through the Secretary & Ors. ....Respondents
WITH
WRIT PETITION NO.17905 OF 2025
Rajendra Govind Jadhav 1 Anr. ....Petitioners
Versus
The State of Maharashtra & 8 Ors. ....Respondents
WITH
WRIT PETITION NO.17906 OF 2025
Hema Suresh Jadhav ....Petitioner
Versus
The State of Maharashtra & 6 Ors. ....Respondents
WITH
WRIT PETITION NO.17907 OF 2025
Shivaji Mahadev Bodare & 12 Ors. ....Petitioners
Versus
The State of Maharashtra & 8 Ors. ....Respondents
WITH
WRIT PETITION NO.17908 OF 2025
Sunil Vasant Khade & 1 Anr. ....Petitioners
Versus
The State of Maharashtra & 6 Ors. ....Respondents
Sunny Thote 24 of 147
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WITH
WRIT PETITION NO.17910 OF 2025
Dipali Vikramsing Khanvilkar & 1 Anr. ....Petitioners
Versus
The State of Maharashtra & 6 Ors. ....Respondents
WITH
WRIT PETITION NO.17911 OF 2025
Asha Dadasaheb Khade ....Petitioner
Versus
The State of Maharashtra & 6 Ors. ....Respondents
WITH
WRIT PETITION NO.17912 OF 2025
Kalpana Ravindra Ghadge ....Petitioner
Versus
The State of Maharashtra & 6 Ors. ....Respondents
WITH
WRIT PETITION NO.17913 OF 2025
Manisha Mahadev Kshirsagar & 1 Anr. ....Petitioners
Versus
The State of Maharashtra 6 Ors. ....Respondents
WITH
WRIT PETITION NO.17914 OF 2025
Jyoti Pramod Sankapal & 2 Ors. ....Petitioners
Versus
The State of Maharashtra & 6 Ors. ....Respondents
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WITH
WRIT PETITION NO.17915 OF 2025
WITH
INTERIM APPLICATION NO.2199 OF 2026
Suresh Shivaji Yadav & 11 Ors. ....Petitioners
Versus
The State of Maharashtra & 8 Ors. ....Respondents
WITH
WRIT PETITION NO.17916 OF 2025
WITH
INTERIM APPLICATION NO.2202 OF 2026
Vijay Shiravji Tupe ....Petitioner
Versus
The State of Maharashtra & 8 Ors. ....Respondents
WITH
WRIT PETITION NO.17917 OF 2025
Pralhad Namdev Barkade ....Petitioner
Versus
The State of Maharashtra & 6 Ors. ....Respondents
WITH
WRIT PETITION NO.17918 OF 2025
WITH
INTERIM APPLICATION NO.38866 OF 2025
Mrs. Vijaya Santosh Nilakhe & 1 Anr. ....Petitioners
Versus
The State of Maharashtra & 5 Ors. ....Respondents
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WITH
WRIT PETITION NO.17919 OF 2025
Mr. Dhanaji Rajaram Deshmukh & 3 Ors. ....Petitioners
Versus
The State of Maharashtra & 6 Ors. ....Respondents
WITH
WRIT PETITION NO.17920 OF 2025
WITH
INTERIM APPLICATION NO.2224 OF 2026
Hanmantrao Shivaji Awaghade & 1 Anr. ....Petitioners
Versus
The State of Maharashtra & 8 Ors. ....Respondents
WITH
WRIT PETITION NO.17921 OF 2025
Mrs. Vanita Hanmant Borate ....Petitioner
Versus
The State of Maharashtra & 2 Ors. ....Respondents
WITH
WRIT PETITION NO.17922 OF 2025
WITH
INTERIM APPLICATION NO.2222 OF 2026
Prakash Bhimaji Raskar & 18 Ors. ....Petitioners
Versus
The State of Maharashtra & 8 Ors. ....Respondents
WITH
WRIT PETITION NO.17923 OF 2025
Kishor S/O Gulabrao Pisa ....Petitioner
Versus
The State of Maharashtra & 2 Ors. ....Respondents
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WITH
WRIT PETITION NO.17925 OF 2025
Milind Dau Waghmare & 22 Ors. ....Petitioners
Versus
The State of Maharashtra & 5 Ors. ....Respondents
****
Mr. Narendra V. Bandiwadekar, Senior Advocate a/w. Mr. Vinayak
R. Kumbhar, Mr. Rajendra B. Khaire, Mr. Aniket S. Phapale i/b. Ms.
Ashwini N. Bandiwadekar, for the Petitioner in WP17921/2025.
Mr. Parag V. Barde (through V.C.), for the Petitioner in
WP/4325/2026 and WP/433/2026.
Ms. Padmaja Malgaonkar i/b. Mr. Suresh S. Pakale, Senior Advocate
for the Petitioner in WP/834/2026 a/w. connected Writ Petitions.
Mr. Sanjeev Kadam a/w. Mr. Prashant Raul, Ms. Varsha Thorat and
Mr. Gaurav Pande, for the Petitioners in WP/10270/2025,
WP/10271/2025, WPST/27916/2025 and WPST/27732/2025.
Mr. Suvidh S. Kulkarni, for the Petitioners WP/3436/2026,
WP/3462/2026, WP/3465/2026 and WP/3470/2026,
WP/4038/2026,WP/4445/2026, WP/4451/2026, WP/4450/2026,
WP/4454/2026, WP/4455/2026, WP/4461/2026, WP/4477/2026,
WP/4465/2026, WP/4466/2026, WP/4469/2026, WP/4473/2026,
WP/4475/2026, WP/4480/2026, WP/4481/2026, WP/4482/2026,
WP/4483/2026, WP/4484/2026, WP/4486/2026, WP/4489/2026,
WP/4490/2026, WP/4507/2026, WP/4492/2026, WP/4494/2026,
WP/4493/2026, WP/4496/2026, WP/4510/2026, WP/16793/2023,
WP/16794/2023, WP/16796/2023, WP/16800/2023,
WP/16801/2023, WP/16802/2023, WP/19547/2024,
WP/19548/2024, WP/17894/2025, WP/17895/2025,
WP/17896/2025 and WP/17897/2025.
Ms. Pradnya Talekar (through V.C.) a/w. Mr. Vidyasagar Bhave and
Mr. Yogesh Morey i/b. Talekar and Associates, for the Petitioners in
WP/17899/2025,WP/4452/2026,WP/4460/2026,WP/4464/2026,WP/
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4468/2026,WP/4467/2026,WP/4474/2026,WP/4478/2026,WP/
4485/2026, for the Petitioners and for the Applicant in
IA/2036/2026.
Mr. Arvind G. Ambetkar a/w. Mr. Sandeep Gupta, for the Petitioner
in WP/4488/2026.
Mr. Bhupesh Patil (through V.C.), for the Petitioner in
WP/17923/2025.
Mr. Saurabh Patil a/w. Mr. Dhanraj Lodha a/w. Ms. Dharni Divekar
and Mr. Kiran Shinde i/b. Tungar Hrishikesh, for the Petitioner in
WP/4033/2026.
Mr. Vivek B. Rane, for the Petitioner in
WP/2729/2026,WP/2771/2026,WP/2774/2026 and WP/2997/2026.
Ms. Sakshi Thombre i/b. Mr. Bhavesh Paithane, for the Petitioner in
WP/2378/2026.
Ms. Sakshi Thombre i/b. Mr. Vivek Rane, for the Petitioner in
WP/433/2026 and WP/434/2026.
Mr. S. B. Pulkundwar (through V.C.) for Respondent Nos.5 and 6 in
WP/17895/2025, WP/17894/2025,WP/17897/2025,WP/17896/2025
and WP/1444/2026.
Mr. Ashwin R. Kapadnis, for the Nashik Zilla Parishad in
WP/8611/2023, WP/433/2026, WP/434/2026, WP/834/2026,
WP/2971/2026, WP/2997/2026 and WP/2378/2026.
Mr. Pandurang H. Gaikwad a/w. Mr. S. V. Gavand, for Respondent
Nos.6 and 7 in WP/17568/2025.
Mr. Kedar B. Dighe, for Respondent Nos.2,4 and 5-PCMC in
WP/2729/2026.
Mr. P. P. Kakade, Addl. GP a/w. Mr. V. G. Badgujar, AGP, Ms.
Priyanka Chavan, AGP, Ms. P. N. Diwan, AGP for the Respondent-
State.
Ms. Sejal Pawar, Law Consultant, Persons with Disability
Empowerment Department, present.
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Mrs. Sunita Ghadiyale, Deputy Secretary, Persons with Disability
Empowerment Department, present.
****
CORAM : RAVINDRA V. GHUGE
&
ABHAY J. MANTRI, JJ.
RESERVED ON : 09th APRIL, 2026
PRONOUNCED ON : 06th MAY, 2026
JUDGMENT (PER : RAVINDRA V. GHUGE, J.)
INDEX
Sr. Particulars Page Nos.
No.
1. Specimen prayers reproduced from some
31- 43
Petitions
2. Summary of the oral submissions on behalf of
43 - 58
the Petitioners
3. Summary of the oral submissions on behalf of
58 - 65
the Respondents/State and the Zilla Prishad
4. Submissions on behalf of Respondent Nos.2, 4
65 & 66
and 5 (Writ Petition No.2729 of 2026)
5. Submissions on behalf of Respondent Nos.6 and
66 -73
7 (Writ Petition (St) No.40880 of 2025
6. Our Analysis and Conclusions 73 to 139
(a) Salient features of the Rights of Persons
(85 - 87)
with Disabilities Bill, 2014
(b) Primary objects of the RPwD Act, 2016 (88)
(c) The Schedule - Specified Disability (89 - 93)
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(d) The Rights of Persons with Disabilities Act,
(93 - 96)
(e) The Rights of Persons with Disabilities
(97 -98)
Rules, 2017
(f) Order and Directions (132 -139)
7. Annexure 'X' Enclosed 140 - 147
1. Rule. Rule made returnable forthwith and heard finally
by consent of the parties.
2. The prayers put forth by the Petitioners in all these
Petitions, are more or less similar. As such, we are reproducing
some of the prayers, as specimens, which broadly cover the
grievances put forth by these Petitioners, hereunder :
WRIT PETITION NO.17568 OF 2025
(A) This Hon'ble Court be pleased to exercise
the jurisdiction vested in it under Article 226 of
the Constitution of India and issue a Writ of
Certiorari or a Writ in the nature of Certiorari or
any other appropriate Writ, and call for papers and
proceeding from the custody of the Respondent
Nos. 6 and 7 in respect of the impugned and
respect Orders/Communications dated 11th
December 2025 (Exhibit L) and after examining
the legality, validity and judicial propriety thereof,
quash and set aside the same.
(B) This Hon'ble Court be pleased to exercise
powers vested in it under Article 226 of the
Constitution of India and issue a writ of
Mandamus and/or Writ in the nature of
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Mandamus, Order and direction directing
Respondent Nos. 6 and 7 not to take any action on
the basis of the impugned
Orders/Communications dated 11th December
2025 (Exhibit L), and further not to disturb them
and/or transfer them from their present schools as
specifically set out (Exhibit A) to the Petition and
further not to transfer any other teacher to the
schools where the Petitioners are presently posted.
(C) This Hon'ble Court be pleased to give a
declaration that the impugned Govt. Resolution
dated 16th June 2025 (Exhibit N) is ultra vires to
Section 56 of the Rights of Persons with
Disabilities Act, 2016 r/w. The Maharashtra Zilla
Parishad (Discipline & Appeal) Rules, 1967, and,
so, the same is liable to be set aside.
(D) Pending the hearing and final disposal of
this Petition, this Hon'ble Court be pleased to stay
the execution and implementation of the
Orders/Communications dated 11th December
2025 (Exhibit L)
(E) Pending the hearing and final disposal of
this Petition, this Hon'ble Court be pleased to
Respondent Nos. 6 and 7 not to take any action on
the basis of the impugned
Orders/Communications dated 11th December
2025 (Exhibit L), and further not to disturbed
them and/or transfer them from their present
schools as specifically set out Exhibit A to the
Petition and further not to transfer any other
teacher to the schools where the Petitioners are
presently posted.
WRIT PETITION NO.834 OF 2026
(A) this Hon'ble Court be pleased to exercise
the jurisdiction vested in it under Article 226 of
the Constitution of India and issue a Writ of
Certiorari or a Writ in the nature of Certiorari or
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any other appropriate Writ, and call for papers and
proceeding from the custody of the Respondent
Nos. 2, 4 and 5 in respect of the impugned
Communications dated 7th January 2026 (Exhibit
F) and 8 th January 2026 (Exhibit G) and after
examining the legality, validity and judicial
propriety thereof, quash and set aside the same.
(B) this Hon'ble Court be pleased to exercise
powers vested in it under Article 226 of the
Constitution of India and issue a writ of
Mandamus and/or Writ in the nature of
Mandamus, Order and direction directing
Respondent Nos. 2, 4 and 5 not to take any action
on the basis of the impugned Communications
dated 7th January 2026 (Exhibit F) and 8th
January 2026 (Exhibit G), and further Respondent
Nos. 4 and 5 be restrained from making the
Petitioners to appear before Respondent No. 2 and
Respondent No. 2 be directed not to undertake re-
assessment/re-verification process of the
Petitioners disability as per the direction of
Respondent Nos. 4 and 5 and not to take punitive
action on the basis of the report to be submitted
by Respondent No. 2.
(C) This Hon'ble Court be pleased to give a
declaration that the impugned Govt. Circular
dated 16th June 2025, Govt. Resolution dated 9th
October 2025 and DO Order dated 18th
September 2025 (Exhibit M Colly.) are ultra vires
Section 56 of the Right of Persons with
Disabilities Act, 2016, r / W the Maharashtra Zilla
Parishad (Discipline & Appeal) Rules 1967, and
so the same is liable to be set aside.
(D) Pending the hearing and final disposal of
this Petition, this Hon'ble Court be pleased to stay
the execution and implementation of the
impugned Communications dated 7th January
2026 (Exhibit F) and 8th January 2026 (Exhibit
G), and further Respondent Nos. 4 and 5 be
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restrained from making the Petitioners to appear
before Respondent No. 2 for re-verification and
re-assessment of their disability and further
Respondent No. 2 be directed not to undertake re-
assessment/re-verification process of the
Petitioners disability as per the direction of
Respondent Nos. 4 and 5 and not to take punitive
action on the basis of the report to be submitted
by Respondent No. 2.
(E) Pending the hearing and final disposal of
this Petition, this Hon'ble Court be pleased to
direct Respondent Nos. 2, 4 and 5 not to take any
action on the basis of the impugned Govt.
Circular dated 16th June 2025, Govt. Resolution
dated 9th October 2025 and DO Order dated 18th
September 2025 (Exhibit M colly.) and
Communication dated 7th January 2026 (Exhibit
F) and 8th January 2026 (Exhibit G) and the
report to be submitted by Respondent No. 2.
WRIT PETITION NO.2729 OF 2026
(A) This Hon'ble Court be pleased exercise
the jurisdiction vested in it under Article 226 of
the Constitution of India and issue a Writ of
Certiorari or a Writ in the nature of Certiorari or
any other appropriate Writ, and call for papers and
proceeding from the custody of the Respondent
No.s 2, 4 and 5 in respect of the impugned
Circular dated 03.02.2026 (Exhibit H) and
communication dated 10.02.2026 (Exhibit L) and
after examining the legality, validity and judicial
propriety thereof, quash and set aside the same.
(B) This Hon'ble Court be exercise powers
vested in it under Article 226 of the Constitution
of India and issue a Writ of Mandamus or a Writ
in the nature of Mandamus, Order and Direction
directing the Respondent Nos. 4 and 5 not to take
any action on basis of the impugned Circular
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dated 03.02.2026 (Exhibit H) and communication
dated 10.02.2026 (Exhibit L) and further
Respondents No. 4 and 5 be restrained from
making the Petitioner to appear before
Respondent No.2 and Respondent No. 2 be
directed not to undertake re-assessment/ re-
verification process of the Petitioners disability as
per the direction of Respondent Nos. 4 and 5 and
not to take punitive action on the basis of the
report to be submitted by Respondent No.2.
(C) This Hon'ble Court be pleased to give a
declaration that the impugned Govt. Resolution
dated 16th June 2025, Govt. Resolution dated 9th
October 2025 (Exhibit E colly.) is ultra vires to
Section 56 of the Right of Persons with
Disabilities Act, 2016 r/w. The Maharashtra
Corporation (Discipline & Appeal) Rules, 1967,
and, so, the same is liable to be set aside.
(D) Pending the hearing and final disposal of
this Petition, this Hon'ble Court be pleased to stay
the impugned Circular dated 03.02.2026 (Exhibit
H) and communication dated 10.02.2026 (Exhibit
L) and further Respondents No. 4 and 5 be
restrained from making the Petitioners to appear
before Respondent No.2 and Respondent No. 2 be
directed not to undertake re-assessment/ re-
verification process of the Petitioners disability as
per the direction of Respondent No. 4 and 5 and
not to take punitive action on the basis of the
report to be submitted by Respondent No.2.
(E) Pending the hearing and final disposal of
this Petition, this Hon'ble Court be pleased to
direct Respondent Nos. 2, 4, and 5 not to take any
action on the basis of the impugned Govt.
Circular dated 16th June 2025, Govt Resolution
dated 9th October 2025 and impugned Circular
dated 03.02.2026 (Exhibit H), communication
dated 10.02.2026 (Exhibit L), and the report to be
submitted by Respondent no.2.
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WRIT PETITION NO.17921 OF 2025
(A) Rule Nisi be issued, and records and
proceedings be called for.
(B) By a suitable writ, order or direction, this
Hon'ble Court may be pleased to quash and set
aside the impugned order dated 6.8.2025 issued
by the Respondent No. 3, and accordingly, the
Petitioner be held to be entitled to the benefits of
Clause 1.8 r/w. Clause 4.2 of the Government
Resolution dated 18.6.2024 issued by the
Respondent No. 1, and accordingly, the
Respondent Nos. 2 and 3 may be directed not to
consider the name of the Petitioner for transfer in
the Intra-District Teacher Transfer Process 2025.
(C) Pending the hearing and final disposal of
this Writ Petition, the execution, operation and
implementation of the impugned order dated
6.8.2025 issued by the Respondent No. 3, may
kindly be stayed.
(D) Pending the hearing and final disposal of
this Writ Petition, the Respondent Nos. 2 and 3
may be restrained from taking coercive
steps/action against the Petitioner, including the
transfer of the Petitioner from the present school,
i.e. Zilla Parishad Primary School, Lonand Boys-
2, on the basis of the impugned order dated
6.8.2025 issued by the Respondent No. 3.
Amended vide leave granted on 19.12.2025
(D1) By a suitable writ, order or direction, this
Hon'ble Court may be pleased to quash and set
aside the impugned order dated 12.2025
directing the Petitioner to subject herself to re-
inspection of her Divyang Certificate before the
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District Hospital, Aundh, Pune [Sangavi Phata]
and accordingly it be held and declare that the
Respondent Nos. 2 and 3 do not have any power,
authority and jurisdiction to order such re-
inspection of Divyang Certificate of the
Petitioner.
(D2) Pending the hearing and final disposal of
this Writ Petition, the execution, operation and
implementation of the impugned order
dated .12.2025 [EXHIBIT-O] issued by the
Respondent No. 3, may kindly be stayed.
(D3) Pending the hearing and final disposal of
this Writ Petition, the Respondent Nos. 2 and 3
may be restrained from taking any further action
or steps against the Petitioner on the basis of the
re-inspection of DivyangCertificate of the
Petitioner conducted by the District Hospital,
Aundh, Pune [Sangavi Phata] in pursuance of the
impugned order dated 12.2025 [EXHIBIT-O]
issued by the Respondent No.3.
WRIT PETITION NO.17899 OF 2025
(A) To quash and set aside the impugned
Communication dated 10.10.2025 issued by the
respondent No.6- CEO Jalgaon (EXHIBIT-"H"
Colly), by issuing a writ of certiorari, or any other
writ, order or direction as the case may be;
(B) To grant an interim stay to the impugned
Communication dated 10.10.2025 issued by the
respondent No.6- CEO Jalgaon (EXHIBIT-"H"
Colly), pending hearing and final disposal of this
petition;
(C) To grant interim injunction restraining
the respondents, their agents, their subordinates
from implementing, giving effect to the impugned
Communication dated 10.10.2025 issued by the
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respondent No.6- CEO Jalgaon (EXHIBІТ-"Н"
Colly), pending hearing and final disposal of this
petition;
WRIT PETITION NO.16796 OF 2023
(A) Rule may kindly be issued.
(B) That, this Hon'ble Court may please to
pass a necessary writ, order or direction in like
nature and quash and set aside the impugned
communication dated 11/07/2023 to the extent of
the petitioners issued by respondent no.3, thereby
referring the petitioners to the Dean of Sasun
Hospital at Pune.
(C) That, this Hon'ble Court may please to
pass necessary writ, order or direction in like
nature and direct the respondent no.3 to prohibit
from directing the petitioners to appear before the
medical board at Sasun Hospital or any other
recognized hospital for reverification in view of
the fact that, the petitioners are already subjected
for reverification and is in violation of section 3,6
& 7 of the Act 2016.
(D) Pending hearing and final disposal of the
present writ petition, the effect, operation, and
execution of the impugned communication dated
11/07/2023 to the extent of the petitioners issued
by respondent no.3, thereby referring the
petitioners to the Dean of Sasun Hospital at Pune.
(E) Pending hearing and final disposal of the
present writ petition, no coercive action may be
taken in respect of the petitioners.
[READ 'SASOON' HOSPITAL]
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WRIT PETITION NO.4325 OF 2026
(A) By issuing an appropriate writ, order,
direction or any other order in the nature of a writ,
the Hon'ble High Court may be pleased to quash
and set aside the communication dated 11.02.2026
issued by the Chief Executive Officer, Zilla
Parishad Ahilyanagar.
(B) Pending hearing and final disposal of this
Writ Petition, Hon'ble High Court may be pleased
to stay the effect, implementation, execution and
operation of the communication dated 11.02.2026
petitioner issued by respondents.
WRIT PETITION NO.17896 OF 2025
(Old Writ Petition No 13552 of 2025)
(A) Rule may kindly be issued.
(B) That, this Hon'ble Court may please to
issue necessary writ, order, or direction in like
nature and quash and set aside the impugned
communication, much less an order dated
16/09/2025, 19/09/2025 & 26/09/2025 issued by
respondent no.6 upon the order passed by the
respondent no.5.
(C) That, this Hon'ble Court may please to
pass a necessary writ, order or direction in like
nature and direct the respondents Nos 5 & 6 to
prohibit them from directing the petitioners to
appear before the District committee at Nanded or
any other recognised hospital for reverification.
(D) Pending hearing and final disposal of the
present writ petition, the effect, operation, and
execution of the impugned communication dated
16/09/2025, 19/09/2025 & 26/09/2025 to the
extent of the petitioners issued by respondent
no.6, thereby referring the petitioners to the
District Committee at Nanded.
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(E) Pending hearing and final disposal of the
present writ petition, no coercive action may be
taken in respect of the petitioners.
CIVIL APPLICATION NO. 38859 of 2025
IN
WRIT PETITION NO.17896 OF 2025
(Old Writ Petition No 13552 of 2025)
(A) This Hon'ble Court may kindly direct the
petitioner to add the applicant as party respondent
in the array of Writ Petition No. 13552/2025.
(B) Any other relief deemed fit may please be
granted
(A) The rule be issued.
(B) That by an appropriate writ, order,
direction issued by this Hon'ble Court, the record
and proceedings of the reports, if any, regarding
the Petitioner's disability enquiry be called for.
(C) That by an appropriate writ, order,
direction issued by this Hon'ble Court, the
directions in clause 3 of the Government
resolution dated 16.06.2025 may kindly be
declared illegal, and the same may be quashed
and set aside.
(D) That the consequential show cause
notices dated 08.07.2025 and/or any action
against the Petitioners on the basis of reports in
view of the G. R. dated 16.06.2025 may kindly be
quashed and set aside.
(E) Pending the hearing and final disposal of
the present writ petition, the effect, operation, and
implementation of para 3 of the Government
Resolution dated 16.06.2025, and any steps
consequential thereto, including the show cause
notices, may kindly be stayed.
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.....
.....
(H) That by an appropriate writ, order,
direction issued by this Hon'ble Court, an undated
communication/order/notice issued by the
Education Officer, Satara Zilla Parishad (outward
Education/Pri/Aastha-1/9854/2025) directing the
Petitioners for second re-examination, may kindly
be declared illegal and the same may be quashed
and set aside.
(H1) That pending the hearing and final
disposal of the present writ petition, the effect,
operation, and implementation of an undated
communication/order/notice issued by the
Education Officer, Satara Zilla Parishad (outward
No. and any steps Education/Pri/Aastha-
1/9854/2025) consequential thereto may kindly be
stayed.
(H2) Ad-interim relief in terms of the prayer
clause (hl) above may kindly be granted.
INTERIM APPLICATION NO.38868 OF 2025
IN
CIVIL WRIT PETITION NO.10271 OF 2025
(A) That pending the hearing and final
disposal of the main writ petition No. 10270 of
2025, any further action, including transfer on the
basis of the issue of an alleged improper disability
certificate, may kindly be stayed.
INTERIM APPLICATION NO.38869 OF 2025
IN
CIVIL WRIT PETITION NO.10270 OF 2025
(A) That this Hon'ble Court be pleased to set
aside the orders of suspension of the Applicants
passed on 01.08.2025.
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(B) That pending the hearing and final
disposal of 14 pt of the main writ petition No.
10270 of 2025, the effect and operation of the
suspension orders dated 01.08.2025 may kindly
be stayed.
INTERIM APPLICATION NO.38867 OF 2025
IN
CIVIL WRIT PETITION NO.10270 OF 2025
(A) That the letters/directions issued to the
applicants, subjecting them to examination, may
kindly be quashed and set aside.
(B) That pending the hearing and final
disposal of the main writ petition No. 10270 of
2025, the Letters/directions issued to applicants,
subjecting them to re-examination, may kindly be
stayed.
WRIT PETITION NO. 4468 OF 2026
(A) To quash the impugned order dated
23.01.2026, placing the petitioner under
suspension issued by the Chief Executive Officer,
Zilla Parishad, Jalgaon (EXHIBIT-"G") by issuing
writ of certiorari or any other writ, order or
direction.
(B) To grant an interim stay to the operation,
execution and implementation of the impugned
order dated 23.01.2026, placing the petitioner
under suspension issued by the Chief Executive
Officer, Zilla Parishad, Jalgaon (EXHIBIT-"G"),
pending hearing and final disposal of the Writ
Petition.
(C) To direct the respondents to grant all
consequential benefits as a sequel to the quashing
of the impugned order dated 23.01.2026, placing
the petitioner under suspension issued by the
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Chief Executive Officer, Zilla Parishad, Jalgaon,
by issuing writ of mandamus or any other writ,
order or direction.
(D) To quash and set aside the Government
Resolution dated 09.10.2025 issued by the
Persons with Disabilities Welfare Department,
Mantralaya, Mumbai (EXHIBIT-"E"), by issuing
a writ of certiorari, or any other writ, order or
direction as the case may be.'
3. We have extensively considered the oral submissions of
the learned Senior Advocates/Advocates/Additional G.P./AGPs, for
the appearing parties. All of them have tendered lengthy written
notes of submissions. We do not wish to enlarge the size of this
Judgment by referring to their entire written submissions. Suffice it
to say that we are summarising their oral and written submissions
and would be adverting to them as we delve upon the issues raised
in all these cases.
SUMMARY OF THE ORAL/WRITTEN SUBMISSIONS ON
BEHALF OF THE PETITIONERS
4. The oral and written submissions of the Counsel on
behalf of the Petitioners, are summarised in the following
paragraphs.
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A] Whether the Zilla Parishad is having power/jurisdiction
to direct the Petitioners for re-verification and re-assessment?
a. Some of the Petitioners have joined service from the
disability quota and have completed almost 15 to 20 years in
employment. Prior to their appointments, they were subjected to
physical fitness tests and medical documents were also verified.
Some developed disabilities during their employment, either due to
illness or an accident.
b. Some of the Petitioners were appointed from the
disability quota in view of Rule IV of Maharashtra Zilla Parishad
District Service (Recruitments Rule) 1967, after due examination
and scrutiny of their documents, including medical records. Their
service records have been updated accordingly.
c. New norms of the medical examination regarding
percentage of disability are introduced under the 2016 Act and most
of the Petitioners were appointed prior thereto.
d. The Petitioners rely upon para 12 and 13 of the interim
order dated 03.05.2023 passed by the Aurangabad bench of this
Court in WP No. 4756 of 2023 in the case of Jandeo Navnath
Mutkule vs. The State of Maharashtra & Ors., which reads as under:
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"12. As far as new norms of the medical
examination regarding percentage of disability are
concerned, those are made under the Persons With
Disabilities Act, 2016.
13. Admittedly, the Petitioner is appointed on
05.10.2005 as Shikshan Sevak and from time to
time he had given disability certificates to the
Respondents. Therefore, it is very difficult to
accept that he had committed any fraud while
submitting his disability certificates. Further the
norms as per provisions of the Persons With
Disabilities Act, 2016 cannot be applied to the
case of the Petitioner retrospectively. Therefore,
action against Petitioner on the basis of alleged
fraud and disciplinary action as well as suspension
is not justifiable and sustainable. It causes
injustice to him. The Chief Executive Officer
Respondent No.2, Zilla Parishad, Beed and
Education Officer, Zilla Parishad, Beed have erred
in taking disciplinary action against the Petitioner,
which is not sustainable in the eye of law. Hence,
the disciplinary action and the letter dated
06.04.2023 deserve to be quashed and set aside.
The argument of the learned AGP is, therefore, not
acceptable in this regard."
e. The Petitioners, who have suffered or met with an
injury during the course of service and have availed the PwD
benefits, are in receipt of disability certificates in State format,
Central format or the UDID cards. These certificates have been
issued to the Petitioners by duly constituted Medical Boards, several
years ago.
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f. Hence, in view of Rule 19, once a certificate of
disability is found to be valid in the eyes of law, the Petitioners are
entitled for the facilities, concessions and benefits as per the
schemes of the government.
B] Whether an alternate remedy is available?
a. Chapter-X of the 2016 Act deals with certification of
specified disabilities. Section 59 of the said Act provides an appeal
against a decision of the certifying authority, wherein any person
aggrieved with the decision of the certifying authority may file an
appeal to the appellate authority and the appellate authority shall
decide the same in accordance with law. The State has not filed any
statutory appeal before the competent authority.
b. Government Resolution or executive instructions
cannot override the statutory provisions.
c. 'Any person' u/s 58 & 59 denotes, an employee/
candidate.
d. Petitioners have tendered an application in view of Rule
17 of the 2016 Act to the medical authority, through the competent
authority and the competent authority/ medical authority has issued
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certificates of disability under Rule 18 after assessing their
disability.
e. Unless and until the disability certificate granted to the
Petitioner by the duly constituted medical board is not set aside, the
Respondent State will not have any authority to direct the
Petitioners to submit them for re-verification and re-examination.
C] Whether the Respondents have power to review ?
There is no provision in the 2016 Act along with its
rules vesting the Respondents with the power of review or revision.
D] Whether the order of suspension is maintainable in the
eyes of law ?
a. It is a settled principle of law that prior to issuance of
order of suspension, the employee ought to have been served a show
cause notice. However, in the case of Beed district the Respondent
Zilla Parishad has suspended its employee without issuance of show
cause notice (reason for suspension - employees are not having
UDID card). The said employees have already applied for UDID
Cards and they have placed a copies of the applications on record.
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b. Disability certificates issued to the Petitioners are
permanent in nature and have been issued after following the due
procedure of law.
c. The show cause notices are in contravention of Rule 18,
19 and 20 of Rights of Persons with Disabilities (Rules) 2017.
d. Rule 20 lays down that the certificate issued under the
1995 Act shall continue to be valid after the commencement of the
2016 Act for period specified therein. Therefore, action of the
Government for re-examination, re-scrutiny is contrary to the rules
framed by the Government itself.
e. The Act of 2016 does not permit the authorities to re-
examine the persons holding certificates.
f. According to Section 102 of the 2016 Act, any action
taken under the 1995 Act is deemed to have been taken under the
new Act.
g. Government Resolution dated 16.06.2025 applies to
teachers covered by class-1 of the special category as per earlier GR
dated 18.06.2024. This class contains the categories as laid down
under GR dated 14.01.2011. Perusal of the said GR dated
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14.01.2011, makes it clear that the certificates issued prior to the
said resolution are considered to be valid for all purposes. Hence,
the certificates issued prior to 2011 are also valid.
h. The State has no power to inspect or scrutinize the
UDID certificate issued by the Central Government.
i. The RPwD Act, 2016 is a Central legislation and State
Government has no power to issue a resolution or notification which
supplants the provision of 2016 Act or rules framed thereunder.
j. State Government can only scrutinize the genuineness
of certificate issued to the disabled persons.
k. The circular issued by the Commissioner for Welfare of
the Disabled Persons lays down that the authority issuing certificate
has no power to review the same. It is a settled law that an authority
passing an order cannot review the same.
l. Out of 30 Petitioners in this group, 23 have not secured
employment on the basis of disability certificate quota. 26
candidates are in service for almost 23 years. 9 candidates have not
availed any benefits under the provisions of the disability Act.
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5. In view of the above, the Petitioners submit that the
issues before this Hon'ble Court are as under :
A. Whether the Act of 2016 and the Rules of 2017
recognize the rights of employers to ask its employees with
disability certificates or with benchmark disability to undergo a
fresh assessment of their disability ?
a. Section 2(r) defines persons with benchmark disability
to mean a person with not less than 40 percent of a specified
disability.
b. Section 2(s) defines a person with disability, Section
2(t) defines a person with disability having high support needs and
Section 2(zc) defines specified disability.
c. Under the Act of 2016, a benchmark disabled person is
entitled to avail reservation in employment as provided u/s 34
Chapter VI of the Act.
d. Such person is entitled to employment under the
reserved quota. However, the position of an employee who is
already in service and has acquired disability during the course of
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employment, is different. 40% disability is not required for such
employees. The only requirement for them is that they should be
certified as disabled by the certifying authority in accordance with
the act and rules. Where the specified disability has been defined in
measurable terms in the schedule, 40% specified disability is not
required to be qualified for benefits.
e. Under Rules 17-20 of the Rules of 2017 and Section 59
of the Act of 2016, if employers are aggrieved with the decision of
the certifying authority, they can file appeals. However Z.Ps. have
not filed any such appeal before the appellate authority.
f. In that view, the action of forcing the Petitioner to go
for reassessment of their disability is illegal and violative of S.3, 6,
7 and 20 of the said Act.
g. Authenticity of the certificates submitted by the
candidates seeking employment, are to be verified during the
recruitment process. If it is found that the certificate submitted by
the candidates are forged or obtained by fraud, fabrication etc.
punitive action is permissible in law. However, employer cannot
suo-moto re-assess the authenticity of the certificates without a
lawful reason.
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h. The process of re-assessment undertaken by the ZP are
not in conformity with S.56, 58 of the Act and Clause 17 and 18 of
the Rules.
i. The Respondent State has been issuing appropriate
instructions directing the Z.P. to undertake the verification of
documents and not re-assessment of the same.
B. Whether the Respondent ZP is entitled to take action
against the Petitioners whose disability is found to be less than 40%
in the re-assessment process?
a. There is no requirement of 40% to be fulfilled by
persons who are already in employment. The only requirement for
persons who acquire disability during the course of service is that
they should have a disability certificate issued by the certifying
authority.
b. Disability or illness is degenerative/progressive or
curable, therefore, improvement is natural. Hence no fault could be
attributed to the Petitioners if the disability is found to have
decreased by the certifying authority.
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C. Whether there are any guidelines for assessment by
issuing administrative/executive instructions ?
a. The Respondent State has no power and authority to
prescribe the guidelines for the purpose of assessing the extent of
disability in view of S.56 of the Act. Such powers are not delegated
to the State Government under the act and the State Government
cannot supersede statutory provisions by administrative or executive
instructions.
D. Whether the Petitioners are entitled for protection u/s 3,
6, 7 and 20 of the Act of 2016 ?
a. The Petitioners are certified as disabled by the
certifying authority under the act enacted by the Central
Government for empowerment of disabled persons.
E. The exercise undertaken by the Respondent Education
Officer is unsustainable in law. He has no power and authority to
take any action against the Petitioner teachers. The impugned
actions frustrates the very object of the Act and violates Section 3
and Section 6 of the said Act.
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a. Respondent EO has recorded an ex-parte observation
that the Petitioners have committed misconduct as defined under
Clause 3 of The Maharashtra Zilla Parishad District Services
(Conduct) Rules, 1967 i.e. every Parishad servant shall at all times
maintain absolute integrity and devotion in duty. According to the
Petitioners the Respondent EO has misread the whole issue and has
initiated the impugned action.
b. The Respondent EO has proceeded on the assumption
that the Petitioner had misguided the Z.P. by furnishing incorrect
information. The said assumption is baseless as no such allegations
were ever made against the Petitioners.
c. Moreover, Respondent No.7 is neither the appointing
authority nor the disciplinary authority as provided under the
relevant rules and, hence, has no power to take any punitive action
against the Petitioners.
d. Respondent No.7 has not followed the statutory
procedure prescribed under the rules. Respondent No.7 has recorded
its ex-parte observation without giving the Petitioners the
opportunity of being heard, thereby violating the principles of
natural justice.
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F. The Circular dated 16.06.2025 on the basis of which
the impugned action was initiated, is ultra vires Section 56 of the
Act.
a. Vide the said Circular the Respondent State notified
guidelines for the purpose of assessing the extent of a specified
disability in a person. On the basis of the said Circular, the disability
of the Petitioners was freshly assessed by the certifying authority (3
members committee). The said authority submitted its report to the
Respondent Z.P. and, on the basis of the said report, the impugned
action was initiated by the Respondent EO.
b. The Respondent State has no power and authority to
issue the said Government Circular and prescribe/notify guidelines
for assessing the extent of specified disability in a person.
c. Clause 5 of the said Circular is also ultra vires the
Maharashtra ZP (Discipline & Appeal) Rules 1967.
G. The three Members Committee of Satara District
(Certifying Authority) has no power to review its own decision.
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a. It is settled principle of law that unless a power of
review is specifically or by necessary implication provided, the
authority cannot review its own decision, unless the order is
obtained by exercising fraud. The phrase fraud is not a colloquial
term, but it has a judicially recognized ambit. It is not the case of the
Respondent that the Petitioners have obtained the certificate by
playing fraud. Therefore, the exercise undertaken by them is not
sustainable in law.
b. The Circular is ultra vires Section 56. Moreover, there
is a specific provision of appeal u/s 59 of the Act r/w Rule 8 of the
Maharashtra State Rights of Persons with Disabilities Rules, 2024,
for persons aggrieved by the certifying authority.
c. Re-verification and re-assessment of the disability
certificate or the disability is not permissible.
d. Respondent No.7 forcibly compelled the Petitioners to
appear before the District Civil Surgeon, Satara for their re-
verification of their certificates. The said Authority re-assessed the
Petitioners by applying new standards introduced by the Central
Government vide Government Resolution dated 12.03.2024. Such
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exercise is not permissible and contrary to the mandatory provisions
of the Act and the Rules.
e. Respondent No.8 has no power or authority to direct re-
assessment of the disabilities of the Petitioner without following
Chapter V of Rules of 2024. Neither Respondent No.6 and
Respondent No.7 nor Respondent No.8, have disclosed the reason
for re-assessing. Respondent No.9 cannot sit in appeal over the
decision of the Civil Surgeon, Satara.
f. The original certificate was issued to the Petitioners
after examination of their disability by the Competent
Authority/Certifying Officer. Thereafter, when the new Act came
into being, they were once again asked to take similar exercise as it
was done earlier and the Competent Authority/Certifying Officer
once again examined the Petitioners and the Petitioners were issued
disability certificates (more than 40%). Similar exercise was
undertaken when UDID cards were issued in their favour. The said
certificate is not challenged or set aside by the Competent
Authority. In view of the same the impugned exercise undertaken by
the Respondents are unwarranted and unconstitutional.
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g. The Petitioners submit that the Hon'ble Supreme Court,
while dealing with the provisions of S. 47 of the old Act observed
that the benchmark disability of 40% is not a requirement to avail
the benefits provided to the person with disability after entering into
service.
SUMMARY OF THE ORAL SUBMISSIONS ON BEHALF OF
THE RESPONDENT STATE AND THE Z.P.
6. Action of the State Government under challenge, is the
initiation of a verification /scrutiny and assessment of Persons with
Disabilities (PwD), working in the Government/ Semi-government/
Government aided institutions conducted by the State Government.
It is necessary to look into the objects and reasons of the Rights of
Persons with Disabilities Act, 2016 (RPwD Act), which came into
effect on 19.04.2017. Object of the Act is to give effect to the
United Nations Convention on the Rights of Persons with
Disabilities. India is a signatory to the said Convention and has
ratified the said Convention on 01.10.2007.
7. The Convention lays down the following principles for
empowerment of persons with disabilities :-
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(a) respect for inherent dignity, individual autonomy
including the freedom to make one's own choices, and
independence of persons;
(b) non-discrimination;
(c) full and effective participation and inclusion in
society;
(d) respect for difference and acceptance of persons
with disabilities as part of human diversity and humanity;
(e) equality of opportunity;
(f) accessibility;
(g) equality between men and women;
(h) respect for the evolving capacities of children
with disabilities and respect for the right of children with
disabilities to preserve their identities;
The said Act replaced the erstwhile Persons with
Disabilities (equal opportunities, protection of rights and
full participation) Act,1995 with a more comprehensive
and a rights based legislation. The said Act expanded the
scope of Disabilities from 7 to 21 specified disabilities.
8. The verification/scrutiny exercise conducted by the
State Government, was needed because the State Government has
been receiving large complaints from various departments and
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individuals that several employees in Government services are using
bogus disability certificates/non genuine certificates/ temporary or
below benchmark disabilities certificates/ UDID cards and working
in the government establishments and are also obtaining benefits
that are reserved exclusively for persons with benchmark
disabilities.
9. It is the submission of the State that due to the number
of complaints received by them, that they considered it necessary to
undertake a systematic and uniform Re-verification of the disability
certificates. A number of employees refused to appear for the
medical check-up and approached this Court.
10. Chapter X of the Act, deals exclusively with the
process of certification for individuals who wish to obtain a
disability certificate. Sections 56 and 57 of the Act lay down
guidelines for assessment and designation of certifying authorities.
These provisions govern the process by which a person with
disability applies for certification.
11. It is the contention of the Petitioners that if the State
Government was dissatisfied with the disability certificate issued to
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them by a certifying authority, it should have followed the appellate
procedure prescribed u/s 59 of the Act. To answer this, the State
submits that the present verification exercise, is not an appeal
against the certification decision, but it is a policy driven
verification process undertaken by the Government in their capacity
as the employer to ensure compliance with the statutory eligibility
requirements for reservation and service benefits.
12. An individual who wishes to avail the benefits under
the Act must necessarily undergo the certification process under
Chapter X and obtain a UDID card through "Swavalamban portal".
Rule 18 of the Rights of Persons with Disabilities Rules, 2017
assigns colour bands to each category of disability.
13. Section 2(s) defines a person with disability, while
Section 2(r) defines "persons with benchmark disability" as one
having at least 40% disability. Only persons with benchmark
disabilities are entitled to job reservations and other benefits. Many
Petitioners fear that if they undergo a
verification/scrutiny/assessment, their disability percentage may be
found to be less than 40%. If such a finding emerges, their
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continued enjoyment of service/job benefits would amount to
fraudulent availing of such benefits and would attract penal
consequences u/s 91 of the Act.
14. The State acted fully in accordance with the provisions
of RPwD Act, 2016 and is entitled to invoke Section 91 of the Act
which reads as under :
'91. Punishment for fraudulently availing any
benefit meant for persons with benchmark
disabilities.--Whoever, fraudulently avails or
attempts to avail any benefit meant for persons
with benchmark disabilities, shall be punishable
with imprisonment for a term which may extend
to two years or with fine which may extend to one
lakh rupees or with both.'
15. Before the Petitioners obtained interim stays from the
Court, the verification process had already uncovered around 350
government employees with bogus disability claims. The
Government Resolution dated 09.10.2025, mandates UDID card for
PwD in all government, semi-government and grant-in-aid
institutions and further allows verification/scrutiny of all
government employees claiming disability benefits. If any employee
is found to have not submitted UDID card or has disability below
40% or is using a fake or incorrect certificate, action u/s 91 is
permissible. The GR made it compulsory for every department to
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complete the verification process and submit its report within 3
months.
16. The Central Government, on 03.03.2023, made UDID
card compulsory from 01.04.2023. On 27.06.2024, the State
Government provided one year extension to the persons using old
disability certificates to obtain UDID card and this deadline ended
on 26.06.2025. The State submits that they cannot allow a person to
continue in service (who entered through reservation on a post with
a benchmark disability), when the disability fell below the
benchmark after the medical re-verification.
17. The Supreme Court in Vikash Kumar vs. UPSC
observed that the nature of impairment u/s 2(s) requires that the
impairment should be long term. The State submits that by this
logic, if the percentage of any individual is coming down below the
benchmark, it clearly indicates that the disability was never long
term.
18. After perusal of the petitions, the State submits that,
more than 90% of the Petitioners in Nashik district fall in the
'hearing impairment' category and more than 90% in Satara district
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fall under 'locomotor' disability. Majority of the Petitioners
acquired the above mentioned disabilities only after coming into
service. Over 65% of the Petitioners fall in the 40 - 50 % disability
range and not a single Petitioner has disability over 80%. The State
submits that it is a settled principle of service law, as is held in the
caste scrutiny matters (Chairman and MD, FCI v/s Jagdish Balaram
Bahira, 2017 (8) SCC 670) that when a certificate is found to be
bogus or obtained through fraudulent means, all benefits should be
taken away. As such, the appointment must be terminated. The same
principle should apply here as well.
19. The State has cited the Judgment in State of Uttar
Pradesh And Others V/s. Ravindra Kumar Sharma And Others,
(2016) 4 SCC 791. The Hon'ble Supreme Court observed that when
a fraud is established on a large scale, the State Government has full
authority to order re-verification. This action did not warrant
judicial interference. Mere physical verification is insufficient to
detect all disabilities. A proper medical verification is necessary.
20. The State has already found cases wherein the person
has a valid UDID card, yet when seen in person, they appear to have
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no disability at all. Cases of 0% disability were also found upon
medical re-assessment. For the above stated reasons, a fresh medical
reassessment is necessary to determine whether the disability is real,
long term and above the benchmark.
Submissions on behalf of Respondent Nos.2, 4 and 5
(Writ Petition No.2729 of 2026)
21. The Petitioner has approached this Court challenging
the Government Resolution dated 16.06.2025 issued by Respondent
No.1, State Government and the Circular dated 03.02.2026, along
with the communication dated 10.02.2026.
22. The main contention of the Petitioner is that he should
not be directed to undergo medical examination to verify his
disability. On 26.02.2026, this Court directed the Petitioner to
undergo medical examination. Despite the said order, the Petitioner
avoided the medical examination. On 09.03.2026, this Court once
again directed the Petitioner to undergo medical examination. It is
only pursuant to the said order that the Petitioner subjected himself
to medical examination on 10.03.2026.
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23. The Petitioner was totally non-cooperative during the
Pure Tone Audiometry (PTA) Test. The Petitioner was then
subjected to BERA Test which is an objective test and considered as
a 'Golden Standard Objective Test'. As per the BERA report dated
10.03.2026, the disability percentage of the Petitioner is 0.16%.
24. The Petitioner has taken all service benefits on the basis
of his disability certificate, right from his appointment in 2015, until
date. He has thereby deprived other eligible disabled candidates
from availing the benefits of their genuine disability. The Petitioner
has thereby infringed upon the fundamental right of other deserving
disabled individuals by playing a fraud with the Respondent
Corporation and fabricating the disability report before this Court.
Submissions on behalf of Respondent Nos.6 and 7
(In Writ Petition (ST.) No. 40880 of 2025)
25. The Respondent ZP has issued Show Cause Notices
dated 11.12.2025, based on the adverse findings of the District
Medical Board. The Petitioners have approached this Court without
exhausting the statutory remedies available under the Maharashtra
Zilla Parishad District Service (Appeal and Discipline) Rules, 1964.
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26. The Petitioners were employed with the Pune ZP as
primary teachers. They sought benefits during the 2025-2026
transfer process under "Special Category Part-1" (Disabled
Teachers) as per the GR dated 18.06.2024. These benefits allow
teachers with certified disabilities of 40% or more, to opt for schools
with better transport facilities or to remain in their current posts i.e.
to obtain administrative benefits (favourable transfers).
27. The Respondents initiated a re-verification process to
ensure that the benefits are not misappropriated. Clause 5.10.5 of
the GR dated 18.06.2024 mandates disciplinary action against any
teacher who furnishes wrong information to obtain benefits. In order
to maintain integrity in service, the Respondents initiated a re-
verification process under Rule 3 of the Maharashtra Zilla Parishad
District Service (Conduct) Rules, 1967. The Respondents contend
that the authority can order a re-examination by a District Civil
Surgeon, in view of the GR dated 16.06.2025.
28. Under Rule 8 of the Maharashtra State Rights of
Persons with Disabilities Rules, 2024, the authorities have the
specific power to refer "suspicious" cases for re-assessment. The
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Government Circular dated 16.06.2025, is a valid administrative
guideline aimed at preventing fraud in the issuance of medical and
disability certificates.
29. Pursuant to the letter dated 13.08.2025 issued by the
Education Officer (Primary), Pune Zilla Parishad to the Divisional
Deputy Director, Health Services, Pune, the Block EO of the
respective Panchayat Samiti communicated with the schools
situated in his jurisdiction and directed the teachers to appear before
the District Medical Board at District Hospital, Aundh, Pune. Upon
their examination, it was revealed that the disability percentages of
the Petitioners were either below the required 40% threshold or
significantly lower than what was claimed in their initial private
certificates. A total of 178 disabled primary teachers were examined
by the Medical Board and 46 disabled teachers out of them were
found to be able-bodies and their disability was less than 40%.
30. The Respondents state that the action of re-assessment
is fully supported by the Maharashtra State Rights of Persons with
Disabilities Rules, 2024. Rule 8(2) of the said Rules provides that
any establishment having reason to believe that a person holding a
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disability certificate is 'suspicious', may file an appeal before the
designated appellate authority. Under Rule 8(3), the Appellate
Authority is empowered to refer the person to a medical expert or
carry out a medical examination for the re-assessment of their
disability.
31. Based on the medical findings, the Respondent
authorities issued show cause notice dated 11.12.2025, thereby
recording that the Petitioners had committed misconduct under
Clause (3) of the Maharashtra Zilla Parishad District Service
(Conduct) Rules, 1967. Findings of an expert Medical Board are not
subject to judicial review unless malice is proven.
32. The 2016 Act provides protection to the disabled
persons. However, it does not grant immunity to those who may
have obtained certificates through misrepresentation or whose
medical condition does not match the certified percentage upon
objective re-evaluation.
33. The Government Resolution dated 16.06.2025 is under
challenge. It provides guidelines for reassessing disabilities and it is
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the case of the Respondent that the State Government is fully
empowered to issue such administrative instructions to prevent
misuse of benefits meant for disabled persons. Moreover, every
public employer has the inherent right to verify the authenticity of
documents of their employees.
34. It is, therefore, canvassed by the State and the ZP, in
light of the above facts, that the impugned Government Resolution
dated 16.06.2025 and the show-cause notice dated 11.12.2025, are
not arbitrary. These circulars do not override the 2016 Act, but
rather, give effect to the reasons and object of the said Act.
35. Many of the identically placed aggrieved employees
started rushing to the High Court for seeking protection and
quashing of the orders directing their re-examination. One such
group of cases viz. Writ Petition No.1519 of 2023, along with group
of Petitions (Hanuman Yashwant Sarvade & Ors. V/s. The State of
Maharashtra & Ors.), was considered by the Division Bench of this
Court at Aurangabad. By Order dated 24.02.2023, the Petitions were
disposed off by recording the submissions of the parties in
Paragraph Nos.1 to 3 and certain directions were issued by this
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Court in Paragraph Nos.4 to 7. For clarity, the said order is
reproduced hereunder :
'4. Considering that, most of these
petitioners had earlier acquired certificates from
the Medical Board or a Committee of the Doctors,
and since the Committee headed by the Dean of
the Ambajogai Medical College has submitted a
report, indicating much lower disability
percentage and in some cases even 0% disability,
that these petitioners are agreeable to abide by the
Government Resolution dated 14/09/2018, and are
willing to be examined by the Medical Committee
of the J.J. Hospital at Mumbai. Each of them
states that the Zilla Parishad may issue them a
covering letter and refer them to the J. J. Hospital
on particular dates and they are willing to be
examined by the Appellate Medical Board of the
J.J. Hospital, Mumbai, comprising of the Dean,
the Medical Superintendent and a Subject Expert,
who is a Senior Professor.
5. In view of the above, the learned
Advocate for the Zilla Parishad submits that, the
Zilla Parishad would issue a letter addressing the
Dean of the J. J. Hospital, Mumbai, along with a
copy of this order, and thereafter, issue letters to
the individual petitioners and the similarly placed
other teachers, to attend the medical examination
by the Appellate Medical Board at the J. J.
Hospital on particular dates and time.
6. In view of the above statements
recorded, these petitions are disposed off. The
impugned suspension orders stand set aside. It is
made clear that, after the Appellate Medical Board
of the J. J. Hospital, Mumbai, tenders it's report in
a sealed cover, addressed to the Chief Executive
Officer, Zilla Parishad, and that if any teacher is
found to have suffered lesser or no disability
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amounting to a fraud, the Zilla Parishad will be at
liberty to initiate appropriate disciplinary action.
The petitioners are agreeable.
7. Pursuant to this order, if any of these
petitioners/candidates as like the petitioners,
desire to confess and tender an apology to the
Zilla Parishad and seek pardon, they are at liberty
to do so within 15 days from today and in such
cases, the lapse on their part may be condoned
with a strict warning by the Zilla Parishad, with a
rider that, they will never indulge in any such act
in future. Insofar as those teachers, who have
secured the job on the basis of their disability
certificates, the Zilla Parishad is at liberty to refer
them also, to the Appellate Board of the J. J.
Hospital, as directed above.'
36. All the learned Advocates for the Petitioners contend
that there are several circumstances in which these Petitioners and
identically placed thousands of employees, have acquired medical
certificates obtained from Authorized Government Medical
Facilities. Based on such medical certificates, such Persons with
Disabilities (hereinafter referred to as 'PwD') have obtained Unique
Disability ID cards (hereinafter referred as 'UDID'). Such Cards
have been issued by those medical facilities who have been
authorized to examine the medical certificates of the PwD and
thereafter, the UDID card has been issued.
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37. Thousands of PwDs who are in employment, have
derived benefits available to the PwD under various schemes of the
State Government. Some have entered employment as PwD. These
PwDs derived benefits available to such categories under various
schemes of the State Government. Their eligibility for such scheme
would fall under the following categories :-
(a) Persons who have congenital defects/have physical
disabilities prior to their entry in service and have secured
employment on the basis of such disability.
(b) Candidates who entered service as normal/physically fit
person, who developed disabilities while in service.
(c) Candidates who were physically fit while entering
service, met with accidents or suffered grave illness and
developed disabilities.
OUR ANALYSIS AND CONCLUSIONS
38. The learned Advocates for the Petitioners have
canvassed that each of these candidates have been subjected to
medical examination and after the Medical Board or Panel of
Doctors certified their disabilities, that they approached the
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appropriate authority for obtaining the UDID cards. It is contended
that such categories of PwDs have been receiving the benefits under
various schemes for decades. Each one has genuine Medical
Certificates and UDID cards. With passage of 10 or 20 or more
years, it would be unfair to suspect such PwDs and subject them to
fresh medical examination only because the concerned State
Government Department desires to carry out the re-verification and
medical re-examination, purely out of suspicion.
39. The Petitioners have relied upon the following
Judgments/Orders passed by the Hon'ble Supreme Court and
various High Courts :
a. Dhammadip Bhaurao Mankar V/s. Union of
India & Ors., (2012) 1 MhLJ 785.
b. Kunal Singh V/s. Union of India, (2003) AIR
(SCW) 1013.
c. Order passed by the Aurangabad Bench in Writ
Petition No.4756 of 2023, dated 03.05.2023 (Jandeo
Navnath Mutkule V/s. The State of Maharashtra & Ors.).
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40. The learned Additional G.P. along with the AGPs have
contended that various departments of the State Government noticed
large number of bogus cases with seriously doubtful certificates on
the basis of which UDID cards were procured. Based on such
documents, several candidates have secured employment. Many
in-service candidates suddenly developed physical infirmities. Such
candidates started acquiring service benefits available to PwDs. Day
by day, the list of in-service candidates, who started contracting
physical infirmities in order to fit into various schemes floated by
the State Government for PwDs, started growing. The most sought
after physical infirmity is 'hearing impairment'. An example of the
Nashik District and Satara District is cited. In Nashik District, 80%
of the Petitioners have 'hearing impairment' certificates. From the
Satara District, around 80% of the employees fall under 'locomotor
disability'. The disability is about 80%. In Nashik District, the
extent of the hearing impairment disability is about 65%.
41. The Additional G.P./AGPs point out even from the
charts tendered by various Advocates which are on record, which
indicate 'hearing impairment' as being the most common/sought-
after (favourite) disability. More than 90% of such PwDs, have
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acquired the disability after recruitment, only after the State Govt.
introduced special benefits for PwDs.
42. Our attention is drawn to a chart (8 pages in Marathi)
tendered on behalf of the State, which is enclosed and marked as
Annexure 'X', to this judgment. The learned Additional G.P. has
canvassed that more than 80% of the PwDs who were medically
examined in the recently conducted medical re-examination, are
noticed to have 0% disability or their disability which was earlier
shown to be in between 40% to 80%, has conspicuously fallen in
between 6% to 20%. Several PwDs who have UDID cards or
medical certificates indicating bench mark disabilities or high
percent of disabilities, are now found to have 0% disability. In the
medical re-examinations conducted in the past around six months,
hundreds of examined candidates are found to have 0% disability or
in-between 6% to 20%.
43. The Respondents contend that, a lot of hue and cry is
raised by these Petitioners/PwDs about the scientific methods of
medical examination only because they actually did not have the
disabilities and yet had succeeded in fraudulently obtaining the
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medical certificates or the UDID cards. Such cards and certificates
may appear to be genuine. However, the percentage of disability
mentioned in such certificates or UDID cards, have been
manipulated. It is, therefore, submitted that mere verification of
UDID cards or their medical certificates, would not be an enough
exercise to locate the truth and unearth a disability scam in service.
44. It is further canvassed that Section 91 of the Rights of
Persons with Disabilities Act, 2016, clearly provides that if any
person has fraudulently acquired the benefits available to PwD,
he/she could be subjected to serious action. Such fraudulent acts can
be dealt with under Section 91. This proves that the State justifiably
found it necessary to embark upon the exercise of re-medical
examination, in the larger interest of the society. Employment and
service benefits available to genuine candidates, would be usurped
by bogus candidates, if the State turns a blind eye to this scam.
45. We are of the view that, the Judgment of the Hon'ble
Supreme Court, in Chairman and Managing Director, Food
Corporation of India and others Vs. Jagdish Balaram Bahira and
others (supra), though in the context of a bogus caste or tribe
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certificate, would be squarely applicable to such bogus cases and all
benefits being derived by the bogus PwDs, need to be taken away. If
a laudable scheme of the State in the interest of the genuine PwDs,
is misused by undeserving candidates pretending to be PwDs, the
entire scheme would be a waste and the genuine candidates would
be deprived of the benefits of the scheme, which would have been,
otherwise available to them. It is clearly appears on the basis of the
record that the verification exercise has become necessary only due
to several bogus PwDs having been noticed. More the re-
examinations are conducted, more is the number of bogus
candidates.
46. It is submitted by the State that persons with bench
mark disabilities [a PwD with not less than 40% of a specified
disability, as defined under Section 2(r) and PwD with long term
physical, mental, intellectual or sensory impairment as defined
under Section 2(s)], are also turning out to be such PwD who either
do not have any disability or the percentage of the disability has
fallen to in between 6% to 20%.
47. We feel that, a general argument that there is no reason
to conduct a re-examination after 10 to 20 years, sounds good. But,
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when such frauds are noticed in most of the cases post re-
verification, it becomes glaring that there surely is a serious problem
of bogus PwDs, who have taken employment on the basis of
exaggerated percentages of disabilities or have entered employment
as able bodied persons (hereinafter referred to as 'ABP') and then
acquired disabilities, the most common being 'hearing impairment'.
The State Government has noticed this to be deep rooted, in
practically every district in the State of Maharashtra. With lakhs of
employees engaged in Government/Semi-Government/Local
Authorities/State Instrumentalities, it is most difficult to pinpoint a
particular case of fraud, without a medical re-examination.
48. It is contended by the State that the PwDs with
permanent or long term disability or bench mark disabilities defined
under Section 2(s) and Section 2(r), respectively, have no reason to
fear a medical re-examination if they factually are suffering the
disability as mentioned in their medical certificates/UDID cards. It
is only those PwDs who have fraudulently acquired medical
certificates and consequentially the UDID cards, based on
exaggerated or false percentages of impairment, who are scared of
being exposed. It is these PwDs who have approached the High
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Court in order to block the medical re-examination. Based on the
Judgments and Orders cited, especially the Judgment in State of
Uttar Pradesh And Others V/s. Ravindra Kumar Sharma And Others,
(2016) 4 SCC 791 and the Rajasthan High Court Judgment in Ram
Prakash Kharlwa V/s. State of Rajasthan (supra), it is canvassed that
all these Petitions filed by these Petitioners deserve to be dismissed.
49. It is further pointed out that the Rajasthan High Court
has considered a long list of Judgments and has based its
conclusions on the Judgments delivered by the Hon'ble Supreme
Court, including in Ravindra Kumar Sharma & Ors (Supra). It has
concluded in Paragraph No.56 to 62, as under :
'56. The issue remains some of the
petitioners, already in Government service or who
have completed their probation and confirmed,
whether in such circumstances, a full-fledged
inquiry under the Rajasthan Civil Services (CCA)
Rules, 1958, is required before taking any action.
The judgments referred herein-above, including
the judgment in the case of Amrit Yadav vs. State
of Jharkhand (supra), clearly held that when
somebody secures a job without possessing the
proper qualification, it is not necessary to hold a
full-fledged inquiry. Rule 19 of the CCA Rules
specifically provides for dispensing with an
inquiry where it is not possible.
57. In the present case, when somebody
obtains a job on the basis of a fake or false
certificate claiming to be a person with
disabilities, then there is no protection for such
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individual(s) under the law. The State
Government or the appointing authority may
terminate services of such person after recording
reasons in detail, and nobody has a right to
continue on a post which is not meant for him/her.
Thus, there is no protection of law for a person
who has secured a job on the basis of a fake or
false certificate, and the duty to take action lies
upon the State Government, or the department
concerned.
58. Again, there is a question whether
criminal action is required to be taken or not, is
within the domain of the department concerned or
the State Government. However, if somebody
commits a crime, he is liable for criminal
prosecution, and thus there is no protection for
individual(s) who do not have a benchmark
disability, but still procured a certificate to show a
benchmark disability. The disability has to be
assessed on the basis of the guidelines as issued
by the Government of India under Sections 56 of
the RPWD Act, and it is sufficient to draw a
conclusion that certificate issued only in
accordance with Chapter-X of RPWD Act are
valid and legal for all purpose.
59. In view of discussions made herein-
above, the State Government is under a
constitutional obligation in providing equal
protection, as provided under Articles 14 and 16
of the Constitution of India, and bound to follow
the doctrine of reasonable accommodation while
considering the case of any individual who is
declared as a person with disabilities under the
RPWD Act, 2016. At the same time, the State
Government is also duty-bound to prevent misuse
of the provisions of the RPwD Act, 2016 by any
individual, with aim to usurp the employment
opportunities meant for persons with benchmark
disabilities. If the State Government fails in its
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constitutional obligation or omits to do any act in
furtherance of the directions and duties as
mandated under the RPWD Act, 2016, then they
are liable for omissive discrimination.
60. The State Government or the recruiting
agency has every right to assess or reassess the
case of benchmark disability and direct the
candidate(s) to undergo assessment or
reassessment of disability in accordance with the
guidelines issued by the Government of India
under Section 56 of the RPWD Act, 2016. The
assessment has to be made by the designated
certifying authorities as declared under Chapter X
of the RPWD Act. A designated certifying
authority cannot issue any certificate, which is not
in accordance with the guidelines issued by the
Government of India under Section 56 of the
RPWD Act, 2016. A designated certifying
authority is not competent to issue a disability
certificate beyond its jurisdiction, as determined
by the State Government.
61. The State Government or the recruiting
agency may direct anyone, whether an employee
who secured a job on the basis of a disability
certificate or a candidate who appeared to claim a
reservation quota under the RPwD Act, 2016, to
appear before any designated authority to assess
or reassess the disability of such person.
62. Thus, the writ petitions are disposed of in
following manner:-
(i) The petitioner(s) have no right to
challenge the assessment or reassessment order
issued by the State Government or the
respondent(s) for reassessment of benchmark
disability. No person is entitled to be considered
for appointment on seat reserved for persons with
benchmark disabilities, unless his/her benchmark
disability is assessed as per Chapter-X of the
RPWD Act, 2016.
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(ii) The respondent(s) are free to assess or
reassess the benchmark disability of the
petitioner(s) in accordance with the provisions of
the RPwD Act, 2016, and such assessment shall
be made in accordance with the guidelines framed
by the Government of India in exercise of powers
under Section 56 of the RPWD Act, 2016.
(iii) Any certificate issued by any Medical
Board or Medical Officer, not designated as a
certifying authority under Section 57 of the
RPwD Act, is invalid and illegal, and the same
cannot be relied upon for availing any benefit
under the RPWD Act, 2016 or the rules made
thereunder.
(iv) The respondent(s) including recruiting
agencies are directed to ensure that the
certification process conforms to the standards as
prescribed by the Government of India under the
RPWD Act, - 2016 and the rules made thereunder.
(v) The State Government is also under an
obligation to notify the designated certifying
authorities along with their jurisdiction for
issuance of certificates under Section 2 (r), 2(s) or
2(t) to declare a person as having a disability or a
benchmark disability, or person with high support
needs.
(vi) After assessment or reassessment of in
service candidate(s), if the respondent(s) find that
the candidate does not have a benchmark
disability as required under the Act of 2016, then
they are free to take any action as discussed
herein-above.
(vii) If a candidate appears in a recruitment
process on the basis of benchmark disability, then
the recruiting agency is duty-bound to assess or
reassess his benchmark disability through a
designated certifying authority as notified under
Section 57 of the RPWD Act, 2016, and such
assessment has to be made strictly on the basis of
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guidelines issued by the Government of India
under Section 56 of the RPWD Act, 2016.
(viii) The petitioner(s) are not entitled to any
protection under the law but any action against
them shall be taken or intiated only after re-
assessment of their benchmark disability under
the directions of the respondent(s) by following
the procedure as prescribed under Chapter X of
the RPWD Act, 2016.'
50. The Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act, 1995 was enacted
to give effect to the Proclamation on the Full Participation and
Equality of the People with Disabilities in the Asian and Pacific
Region. The Act defines Persons with Disabilities as those having
not less than forty % disability and identified seven categories of
disabilities, namely, blindness, low vision, hearing impairment,
locomotor disability, mental retardation, mental illness and leprosy-
cured.
51. Over a period of time, the conceptual understanding of
the rights of persons with disabilities has become clearer, and there
has been a worldwide change in the approach to handling the issues
concerning persons with disabilities. The United Nations adopted its
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'Convention on the Rights of Persons with Disabilities', setting out
the principles to be followed by State parties to empower persons
with disabilities. India signed the said Convention and subsequently
ratified the same on the 1st day of October, 2007. The Convention
came into effect on the 3rd day of May, 2008. Being a signatory to
the Convention, India has an international obligation to comply with
its provisions, which require an entirely new legislation.
52. In 2010, an Expert Committee constituted under the
chairmanship of Dr. Sudha Kaul, Vice-Chairperson, Indian Institute
of Cerebral Palsy, Kolkata, submitted its report in 2011, suggesting
a Draft Bill relating to the Rights of Persons with Disabilities. The
draft Bill was extensively debated at various levels involving State
Governments, Union territories, and various stakeholders.
53. The salient features of the Rights of Persons with
Disabilities Bill, 2014, inter alia, are:
(i) Nineteen specified disabilities have been defined;
(ii) The persons with disabilities enjoy various rights
such as the right to equality, life with dignity, respect for
his / her integrity, etc., equally with others;
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(iii) Duties and responsibilities of the appropriate
Government have been enumerated;
(iv) All educational institutions funded by the
appropriate Government shall provide inclusive education to
children with disabilities;
(v) A National Fund is proposed to provide financial
support to persons with disabilities;
(vi) Stakeholders' participation in the policy-making
through Central and State Advisory Boards;
(vii) An increase in the reservation in posts from the
existing three % to five % in the vacancies for persons or
class of persons with benchmark disabilities in every
establishment and reservation of seats for students with
benchmark disabilities in higher educational institutions;
(viii) Setting up of National Commission and State
Commission to act as Grievance Redressal Mechanism,
monitor implementation of the proposed legislation
replacing the Chief Commissioner and State Commissioners
for persons with disabilities, respectively;
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(ix) Guidelines to be issued by the Central
Government for issuance of certificates of specified
disabilities;
(x) Penalties for offences committed against persons
with disabilities; and
(xi) Court of Session to be designated as Special
Court by the State Government in every district to try
offences.
54. It is necessary to go into the objects and reasons of the
Rights of Persons with Disabilities Act, 2016 (hereinafter referred to
as the RPwD Act), which was enacted for the empowerment of
Persons with Disabilities. The main objective of replacing the earlier
Persons with Disabilities (Equal Opportunities, Protection of Rights
and Full Participation) Act, 1995, by the RPwD Act, 2016, was to
fulfill India's obligation under the United Nations Convention on
the Rights of Persons with Disabilities (UNCRPD), which India
ratified in 2007.
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55. The Primary Objects of the RPwD Act, 2016 is:-
(a) To bring Indian Law in conformity with the
International Standard while giving effect to the UNCRPD.
(b) To replace the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation)
Act, 1995, with a more comprehensive and rights-based
legislation.
(c) To expand the scope of disabilities from 7 to 21
specified disabilities.
(d) To shift from a welfare-based to a rights-based
approach, recognising PwDs as rights holders, not charity
recipients.
(e) To ensure equal opportunities, protection of
rights and full participation of PwDs in the mainstream
society.
The Rights of Persons with Disabilities Act,
2016, was enacted by the Central Government, which came
into effect on 19th April 2017.
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THE SCHEDULE
[See clause (zc) of section 2]
SPECIFIED DISABILITY
1. Physical disability.--
A. Locomotor disability (a person's inability to execute
distinctive activities associated with movement of self and objects
resulting from affliction of the musculoskeletal or nervous system or
both), including--
(a) "leprosy cured person" means a person who has been
cured of leprosy but is suffering from-
(i) loss of sensation in hands or feet as well as loss of
sensation and paresis in the eye and eyelid, but with no
manifest deformity;
(ii) manifest deformity and paresis but having sufficient
mobility in their hands and feet to enable them to engage in
normal economic activity;
(iii) extreme physical deformity as well as advanced age,
which prevents him/her from undertaking any gainful
occupation, and the expression "leprosy cured" shall be
construed accordingly;
(b) "cerebral palsy" means a Group of non-progressive
neurological conditions affecting body movements and
muscle coordination, caused by damage to one or more
specific areas of the brain, usually occurring before, during
or shortly after birth;
(c) "dwarfism" means a medical or genetic condition
resulting in an adult height of 4 feet 10 inches (147
centimetres) or less;
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(d) "Muscular dystrophy" means a group of hereditary
genetic muscle disease that weakens the muscles that move
the human body, and persons with multiple dystrophies have
incorrect and missing information in their genes, which
prevents them from making the proteins they need for
healthy muscles. It is characterised by progressive skeletal
muscle weakness, defects in muscle proteins, and the death
of muscle cells and tissue.
(e) "acid attack victims" means a person disfigured due to
violent assaults by the throwing of acid or a similar
corrosive substance.
B. Visual impairment -
(a) "blindness" means a condition where a person has any
of the following conditions, after best correction--
(i) total absence of sight; or
(ii) visual acuity less than 3/60 or less than 10/200 (Snellen)
in the better eye with best possible correction; or
(iii) limitation of the field of vision subtending an angle of
less than 10 degrees.
(b) "low-vision" means a condition where a person has any
of the following conditions, namely:--
(i) visual acuity not exceeding 6/18 or less than 20/60, up to
3/60 or up to 10/200 (Snellen)
in the better eye with the best possible corrections; or
(ii) limitation of the field of vision subtending an angle of
less than 40 degrees up to 10 degrees.
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C. Hearing impairment -
(a) "deaf" means persons having 70 DB hearing loss in
speech frequencies in both ears;
(b) "hard of hearing" means a person having 60 DB to 70
DB hearing loss in speech frequencies in both ears;
D. "speech and language disability" means a permanent
disability arising out of conditions such as laryngectomy or aphasia
affecting one or more components of speech and language due to
organic or neurological causes.
2. Intellectual disability, a condition characterised by
significant limitation both in intellectual functioning (reasoning,
learning, problem solving) and in adaptive behaviour, which covers
a range of everyday, social and practical skills, including--
(a) "specific learning disabilities" means a heterogeneous
group of conditions wherein there is a deficit in processing
language, spoken or written, that may manifest itself as a
difficulty to comprehend, speak, read, write, spell, or to do
mathematical calculations and includes such conditions as
perceptual disabilities, dyslexia, dysgraphia, dyscalculia,
dyspraxia and developmental aphasia;
(b) "autism spectrum disorder" means a neuro-
developmental condition typically appearing in the first
three years of life that significantly affects a person's ability
to communicate, understand relationships and relate to
others, and is frequently associated with unusual or
stereotypical rituals or behaviours.
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3. Mental behaviour -
"mental illness" means a substantial disorder of thinking,
mood, perception, orientation or memory that grossly impairs
judgment, behaviour, capacity to recognise reality or ability to meet
the ordinary demands of life, but does not include retardation, which
is a condition of arrested or incomplete development of the mind of
a person, specially characterised by subnormality of intelligence.
4. Disability caused due to -
(a) chronic neurological conditions, such as--
(i) "multiple sclerosis" means an inflammatory, nervous
system disease in which the myelin sheaths around the
axons of nerve cells of the brain and spinal cord are
damaged, leading to demyelination and affecting the ability
of nerve cells in the brain and spinal cord to communicate
with each other;
(ii) "Parkinson's disease" means a progressive disease of
the nervous system marked by tremor, muscular rigidity,
and slow, imprecise movement, chiefly affecting middle-
aged and elderly people associated with degeneration of the
basal ganglia of the brain and a deficiency of the
neurotransmitter dopamine.
(b) Blood disorder--
(i) "haemophilia" means an inheritable disease, usually
affecting only males but transmitted by women to their
male children, characterised by loss or impairment of the
normal clotting ability of blood so that a minor wound may
result in fatal bleeding;
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(ii) "thalassemia" means a group of inherited disorders
characterised by reduced or absent amounts of
haemoglobin.
(iii) "sickle cell disease" means a hemolytic disorder
characterised by chronic anaemia, painful events, and
various complications due to associated tissue and organ
damage; "hemolytic" refers to the destruction of the cell
membrane of red blood cells resulting in the release of
haemoglobin.
5. Multiple Disabilities (more than one of the above specified
disabilities), including deaf blindness, which means a condition in
which a person may have a combination of hearing and visual
impairments causing severe communication, developmental, and
educational problems.
6. Any other category as may be notified by the Central
Government.
56. The Rights of Persons with Disabilities Act, 2016
Section 2 :-
(r) "person with benchmark disability" means a person with
not less than forty per cent (40%) of a specified disability where
specified disability has not been defined in measurable terms and
includes a person with disability where specified disability has been
defined in measurable terms, as certified by the certifying authority;
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(s) "person with disability" means a person with long-term
physical, mental, intellectual or sensory impairment which, in
interaction with barriers, hinders his/her full and effective
participation in society equally with others;
(zc) "specified disability" means the disabilities as
specified in the Schedule;
Section 34. Reservation - (1) Every appropriate
Government shall appoint in every Government establishment, not
less than four per cent of the total number of vacancies in the cadre
strength in each group of posts meant to be filled with persons with
benchmark disabilities of which, one per cent each shall be reserved
for persons with benchmark disabilities under clauses (a), (b) and
(c) and one per cent for persons with benchmark disabilities under
clauses (d) and (e), namely:--
(a) blindness and low vision;
(b) deaf and hard of hearing;
(c) locomotor disability, including cerebral palsy, leprosy
cured, dwarfism, acid attack victims, and muscular dystrophy;
(d) autism, intellectual disability, specific learning
disability and mental illness;
(e) multiple disabilities from amongst persons under
clauses (a) to (d), including deaf-blindness, in the posts identified
for each disability:
Provided that the reservation in promotion shall be in
accordance with such instructions as are issued by the appropriate
Government from time to time:
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Provided further that the appropriate Government, in
consultation with the Chief Commissioner or the State
Commissioner, as the case may be, may, having regard to the type of
work carried out in any Government establishment, by notification
and subject to such conditions, if any, as may be specified in such
notifications, exempt any Government establishment from the
provisions of this section.
(2) Where in any recruitment year any vacancy cannot be
filled up due to non-availability of a suitable person with benchmark
disability or for any other sufficient reasons, such vacancy shall be
carried forward in the succeeding recruitment year and if in the
succeeding recruitment year also suitable person with benchmark
disability is not available, it may first be filled by interchange
among the five categories and only when there is no person with
disability available for the post in that year, the employer shall fill
up the vacancy by appointment of a person, other than a person with
disability:
Provided that if the nature of vacancies in an establishment
is such that a given category of person cannot be employed, the
vacancies may be interchanged among the five categories with the
prior approval of the appropriate Government.
(3) The appropriate Government may, by notification,
provide for such relaxation of the upper age limit for employment of
persons with benchmark disability, as it thinks fit.
16. Review of Accessibility Standards. - The Central
Government shall review from time to time the accessibility
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standards notified based on the latest scientific knowledge and
technology.
Section 56. Guidelines for assessment of specified
disabilities.--The Central Government shall notify guidelines for
the purpose of assessing the extent of specified disability in a
person.
Section 91. Punishment for fraudulently availing any
benefit meant for persons with benchmark disabilities. - Whoever
fraudulently avails or attempts to avail any benefit meant for
persons with benchmark disabilities, shall be punishable with
imprisonment for a term which may extend to two years or with a
fine which may extend to one lakh rupees or with both.
Section 91 of the Act clearly states that any person who
fraudulently avails or attempts to avail any benefit meant for
persons with benchmark disabilities, shall be punishable with
imprisonment of up to two years or a fine of up to one lakh rupees
or both. This penal provision reflects the conscious legislative intent
of Parliament to deter abuse of disability-related benefits and to
protect the statutory rights of genuine Persons with Disabilities,
which can be achieved only if it is possible to identify Persons with
Disabilities who are bogus/non-genuine. Hence, there is a need to
verify and identify such bogus Persons with Disabilities who have
fraudulently availed or attempted to avail benefits meant for the
genuine PwD, and the verification seems to be necessary.
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57. The Rights of Persons with Disabilities Rules, 2017
Section 16. Review of Accessibility Standards. - The
Central Government shall review from time to time the accessibility
standards notified based on the latest scientific knowledge and
technology.
58. A much hue and cry has been raised by the Petitioners
contending that the medical re-verification is purposeless and
amounts to sheer harassment of the Petitioners and similarly situated
employees. They are compelled to undergo the medical examination
by traveling long distances, made to sit in long queues and entire
exercise is becoming torturous. If they have valid certificates and
UDID cards for decades, no purpose would be served in subjecting
them to re-verification. Moreover, they are made to undergo
'Brainstem Evoked Response Audiometry' ('BERA'). On the pretext
of modern medical technics being utilized, the disability percentage
of such employees is being lowered. Once such variation occurs in
the tests results vis-a-vis the earlier results, allegations of fraud are
leveled upon the Petitioners and similar employees, who are then
suspended and subjected to disciplinary action. Even FIRs are
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directed to be registered against them. Their salaries have been
abruptly stopped, by highhanded actions.
59. The learned Counsel for the State submits that those
employees who have acquired medical reports with exaggerated
disability percentages, have become jittery and are fearful of the
possibility of being exposed. It is submitted that Dr. Suman Kumar,
Director of Ali Yavar Jung, National Institute of Speech and Hearing
Disabilities, has addressed a communication dated 11.03.2026
containing his opinion (in view of his appearance before the Court
on 10.03.2026 at 3:00 p.m.) to Shri. Kakade, the learned Additional
G.P. who has relied upon the said opinion and has prayed that this
Court should advert to the same.
60. We are of the view that since Dr. Suman Kumar is the
Director of the National Institute, it would be advantageous to
consider his opinion, hereunder :
Dr. Suman Kumar, Director, Ali Yavar Jung,
National Institute of Speech and Hearing
Disabilities.
Ref. No. DIR/2026/5382 Date. 11.03.2026
Mr. P. P. Kakade
Additional Government Pleader,
(A.S.) Writ Cell, High Court, Mumbai
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Ref. Writ Petition No. 834 of 2026 A/w other
connected matters
Sir,
With reference to the above-captioned matter and
my appearance before the Hon'ble High Court of
Judicature at Bombay on 10.03.2026 at 03:00 p.m.,
the comments, as desired, are submitted below for
your kind perusal and for taking further necessary
action in the matter:
Definition of Hearing Impairment
Persons with Loss of sixty decibels or
Disabilities (Equal more in the better year in
Opportunities, the conversational range of
Protection of Rights frequencies.
and Full Participation)
Act, 1995
The Rights of Persons Deaf means persons having
with Disabilities 70dB loss in speech
Act,2016 frequencies in both ears
Hard of Hearing means
persons having 60dB-70dB
loss in speech frequencies
in both ears
Comparison of the Assessment framework under
the Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act,
1995 and The Rights of Persons with Disabilities
Act,2016
A comparative analysis of the disability assessment
frameworks under the Persons with Disabilities
(Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995, the Rights of Persons with
Disabilities (RPwD) Assessment Guidelines, 2018,
and the Revised RPwD Assessment Guidelines,
2024 indicates a progressive refinement in the
methodology adopted for assessing hearing
impairment in India.
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Under the PwD Act, 1995, the assessment of
hearing disability was based on a combination of
pure tone audiometric thresholds and speech
discrimination scores, with the pure tone average
calculated using three frequencies, namely 500 Hz,
1000 Hz, and 2000 Hz. While this approach
attempted to incorporate both auditory sensitivity
and functional speech perception, it lacked
uniformity due to variability in speech testing
procedures across institutions.
The RPwD Assessment Guidelines, 2018,
introduced a significant shift toward a more
standardised and objective approach. The guidelines
eliminated the use of speech discrimination scores
and relied solely on pure tone audiometric
thresholds for calculating hearing disability.
Importantly, the guidelines expanded the frequency
range used for calculating the pure tone average by
including 4000 Hz, in addition to 500 Hz, 1000 Hz,
and 2000 Hz. This change marked a scientifically
sound advancement, as it captured high- frequency
hearing loss, which may not be adequately reflected
when assessment is restricted to lower frequencies
alone.
The Revised RPWD Assessment Guidelines, 2024,
retain the same fundamental calculation method
introduced in 2018 but provide greater clarity in
testing protocols, especially for paediatric
assessment, and integrate the certification process
with the Unique Disability ID (UDID) system. The
guidelines also emphasise the use of objective
audiological measures such as Auditory Brainstem
Response (ABR), Auditory Steady-State Response
(ASSR), and Otoacoustic Emissions (OAE) in cases
where behavioural audiometry is not feasible.
From a clinical and scientific perspective, the
revised assessment framework places greater
emphasis on higher frequency hearing thresholds,
particularly 4000 Hz, which is often the earliest
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frequency affected in many types of sensorineural
hearing loss, including noise- induced hearing loss,
ototoxicity, and early presbycusis. The inclusion of
this frequency, therefore, enhances the sensitivity
and diagnostic accuracy of the disability assessment
system, ensuring that individuals with high-
frequency hearing impairment are more accurately
identified.
It is further submitted that hearing loss, particularly
sensorineural hearing loss, is typically irreversible
and does not decrease with age; rather, it either
remains stable or progressively increases depending
on the duration and aetiology of onset. Therefore,
the mere fact that an assessment was conducted
under the earlier 1995 guidelines rather than the
2018 or 2024 guidelines cannot, by itself, be
construed as diminishing the actual hearing
disability of the individual.
On the contrary, the methodology introduced under
the 2018 guidelines arguably operates in favour of
persons with hearing impairment, as it incorporates
the 4000 Hz frequency, which is frequently the first
frequency to be affected in many auditory
pathologies. Consequently, the inclusion of this
frequency ensures a more comprehensive and
realistic representation of the individual's
audiological deficit, thereby preventing
underestimation of disability.
Accordingly, the revised assessment framework of
2024 represents a scientifically robust, clinically
appropriate, and legally sound system for evaluating
hearing impairment. By incorporating higher-
frequency thresholds and standardized protocols, the
current methodology better reflects the true
audiological profile of individuals with hearing
impairment and effectively advances the statutory
objective of protecting the rights, dignity, and
entitlements of persons with disabilities under the
RPwD Act, 2016.
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Assessment of Hearing Disability as per RPwD
Guidelines 2024
Air Conduction Threshold is to be measured using
standard Pure Tone Audiometry by an Audiologist
for both ears. The Audiologist must be under in
Central Rehabilitation Register of Rehabilitation
Council of India who has to renew his/her
registration every seven years in order to practice the
discipline.
In the case of an unreliable Air Conduction
Threshold, additional tests are recommended, such
as Immittance Testing, Speech Audiometry, or
Auditory Brainstem Response Testing.
It is also pertinent to note that the Auditory
Brainstem Response (ABR) is a non-invasive,
objective electrophysiological assessment of
auditory function, widely accepted in clinical
audiology for estimating hearing thresholds. The test
does not require active participation or behavioural
responses from the individual and is therefore
particularly useful in infants, young children, or
individuals who are unable to provide reliable
behavioural responses during conventional
audiometric testing.
ABR measures the neural responses generated
along the auditory pathway from the cochlea to the
brainstem following acoustic stimulation, thereby
enabling the estimation of auditory sensitivity in an
objective manner. Numerous clinical studies have
demonstrated that ABR- based threshold estimation
shows a high level of diagnostic reliability, with
sensitivity approaching approximately 95% in
identifying hearing impairment.
Note on Reassessment of Hearing Disability Cases
Referred from Various Districts of Maharashtra
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1. The Education Officers (Primary) of Zilla
Parishad, Nashik; Zilla Parishad, Beed; and other
district authorities are referring their employees to
the Institute for reassessment of hearing disability.
2. In order to facilitate the employees referred
from different districts of Maharashtra, the Institute
has allocated a specific day for hearing assessment
exclusively for such reassessment cases.
3. The Institute conducts Pure Tone Audiometry
(PTA), which is considered the gold standard test for
hearing assessment. In cases where air conduction
thresholds are found to be unreliable, additional
objective and cross-check tests are conducted to
ensure the accuracy of the results as per the
Guidelines notified in the Gazette of India dated 14
March 2024:
* Immittance Audiometry
* Speech Audiometry
* Auditory Brainstem Response (ABR)
* Auditory Steady State Response (ASSR)
4. As per the assessments conducted so far, 18 out
of 23 individuals assessed do not possess benchmark
disability as defined under the relevant disability
assessment guidelines.
5. During interaction with the individuals
appearing for reassessment, several of them
informally admitted that they do not have hearing
loss but had obtained the UDID card primarily to
avail certain service benefits, such as transfers.
MAYINISHD(D)
6. Further, some individuals have:
* Requested adjustments or favourable
consideration
* Attempted to influence the assessment process
* Threatened the officials of the Institute
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* Tried to exert undue pressure
7. It has also been observed that many individuals do
not appear for the scheduled hearing assessment on
the designated day. Some of them deliberately
request appointments after prolonged intervals (3-4
months later).'
61. The above reproduced opinion of Dr. Suman Kumar
could give us a glimpse of the various tests that are conducted in the
Ali Yavar Jung, National Institute of Speech and Hearing
Disabilities. However, Paragraph Nos.4 to 7 of his view reproduced
above indicates that some of the employees subjected to
examination, have admitted that they do not have hearing
impairment. Some tried to influence or manipulate the authorities.
Some tried to exert undue pressure and some even threatened the
officials of the Institute. Some even tried to dodge the tests.
62. The record in all these cases reveals that before these
cases were transferred to the Principal Seat from all the Benches of
the Bombay High Court and were assigned to this Court under the
administrative order of the Hon'ble The Chief Justice of the
Bombay High Court, different Benches had passed ad-interim
orders. Finally, while considering the requests of these Petitioners to
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grant some interim relief, we have granted interim protection with
certain directions, which are as under :
(a) All the Petitioners and identically placed employees
(who may not have preferred Writ Petitions), would subject
themselves to the medical re-examination as per the schedule
prescribed by the employer in coordination with the respective
medical facility.
(b) Notwithstanding any variation in the medical
examination results, the employers would not dispense with
their services or initiate disciplinary action against any of such
Petitioners, until further orders.
(c) In the event any such employee is suspended from
employment, his/or suspension would stand stayed and he/she
would continue to draw regular wages.
(d) No further order of suspension or a direction to register
an FIR would be passed without the leave of the Court.
(e) No precipitative action or adverse order should be
passed against the Employees, without the leave of the Court.
(f) Those Employees who would dodge or avoid the
re-assessment tests, would be subjected to disciplinary action.
63. In the meanwhile, the State Government issued a
Government Resolution dated 09.10.2025 bringing it to the notice of
one and all that the UDID card is made compulsory for recruitment
in any Government/Semi-Government and grant-in-aid institutions,
for persons applying under the disability quota. The Marathi version
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as well as the english translation of the Government Resolution
dated 09.10.2025, is reproduced hereunder :
'राज्यशासनामार्फत वि वि ध शासकीय / विनमशासकीय इतर
स प्राधिधकरणे / संस्था इत्यादी मध्ये पदभरतीसाठी अर्ज
घेताना विदव्यांग व्यक्तींसाठी आरधि+त असलेल्या र्जागांसाठी
संबंधिधत विदव्यांग व्यक्तींच्या ैधि1क ओळखपत्राचा (UDID)
क्रमांक नोंदवि णे तसेच प्रमाणपत्राची सा+ांविकत प्रत र्जोडणे
अविन ाय करण्यात येत आहे.
२. स मंत्रालयीन वि भाग तसेच त्यांच्या प्रशासकीय विनयंत्रणाखालील
स आस्थापना / वि भाग प्रमुख / कायालय प्रमुख तसेच स् ायत्त संस्था
यांना त्यांच्या आस्थापने र विदव्यांग आर+णांतगत से ेत असलेल्या
अधिधकारी/कमचाऱ्यांबाबत पुढीलप्रमाणे कार ाई करण्याच्या सूचना देण्यात
येत आहेत.
i. र्जे विदव्यांग अधिधकारी / कमचारी विदव्यांग आर+णांतगत विनयुक्ती,
पदोन्नती अन्य शासकीय योर्जनांचा आणिण स लतींचा लाभ घेत
आहेत, अशा स विदव्यांग अधिधकारी/ कमचारी यांनी विदव्यांगत्
प्रमाणपत्र / ैधि1क ओळखपत्र (UDID) सादर केले आहे किंक ा
नाही याची तपासणी करुन त्यांच्या विदव्यांगत् ाची पडताळणी
करण्यात या ी,
अ) ज्या विदव्यांग अधिधकारी/ कमचारी यांनी विदव्यांगत् प्रमाणपत्र /
ैधि1क ओळखपत्र (UDID) सादर केले नाही,
ब) पडताळणीअंती ज्यांचे विदव्यांगत् ाची टक्के ारी ला+णिणक
विदव्यांगत् ापे+ा (४०%) कमी आहे,
क) शासकीय से ेत कायरत असलेल्या अधिधकारी / कमचाऱ्यांच्याकडे
चुकीचे अथ ा बोगस विदव्यांगत् प्रमाणपत्र / ैधि1क ओळखपत्र (UDID)
आढळू न आल्यास,
अशा स अधिधकारी / कमचाऱ्यांवि रुध्द विदव्यांग व्यक्ती हक्क
अधिधविनयम २०१६ मधील कलम ९१ नुसार कार ाई करा ी.
तसेच त्यांच्यावि रुद्ध णिशस्तभंगवि षयक कार ाई करा ी. त्याचप्रमाणे
त्यांनी घेतलेल्या लाभांची सुली करण्यात या ी.
ii. उक्त प्रमाणे काय ाही केल्यानंतर सुद्धा प्रशासकीय वि भाग
/ विनयुक्ती प्राधिधकारी / आस्थापना अधिधकारी हे एखाद्या
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विदव्यांग अधिधकारी / कमचाऱ्यांच्या विदव्यांगत् ाबाबत साशंक
असतील तर अशा विदव्यांग अधिधकारी / कमचाऱ्यांचे
विदव्यांगत् तसेच विदव्यांगत् प्रमाणपत्राची पडताळणी
करण्याबाबतचे स स् ी अधिधकार विनयुक्ती प्राधिधकाऱ्यास
असतील.
३. स मंत्रालयीन प्रशासकीय वि भागांच्या विनयंत्रणाखालील स
आस्थापनां रील विदव्यांग अधिधकारी / कमचाऱ्यांचे विदव्यांगत् आणिण
विदव्यांगत् प्रमाणपत्राची पडताळणी करुन त्याचा अह ाल सोबतच्या
"परिरणिशष्ट-अ" मधील वि विहत नमुन्यात संबंधिधत वि भागांनी ३
मविहन्यांत विदव्यांग कल्याण वि भागास सादर करा ा.
The G.R. dated 09th October, 2025, lays down several
important points as follows :-
i. UDID card is made compulsory for recruitment
in all Government, Semi-Government and
Grant-in-Aid institutions for persons applying
under the disability quota.
ii. The GR allows verification and scrutiny of all
Government employees claiming disability
benefits.
iii. If any employee is found to have not submitted a
UDID card, or has a disability below 40%, or is
using a fake or incorrect certificate, then action
will be taken under Section 91 of the Act and
other relevant Acts and Rules
iv. Every department must complete the verification
process and submit its report within three
months.
v. Employees who were earlier using old disability
certificates (not UDID cards), the Central
Government, on 3rd March 2023, made UDID
cards compulsory from 1st April 2023. Further,
the State Government on 27th June 2024
provided a one-year extension to obtain the new
UDID card to avail the benefits of the
Government, and this deadline ended on 26 th
June 2025.
The main purpose of this GR is to remove
bogus claimants from the disability quota so that
genuine persons with disabilities are not deprived
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of the benefits meant exclusively for them. The
State wants to ensure that reservation and welfare
schemes reach only those who really qualify, and that
those who obtained false or doubtful certificates do
not continue to take away opportunities from genuine
disabled persons.)'
64. Prior to the above Government Resolution, the State
had issued a G R dated 16.06.2025 with regard to the transfer policy
in tune with the earlier G R dated 18.06.2024. It was mentioned in
the said G R that various types of disability certificates are found to
be bogus and false and, therefore, fresh medical examination was
being ordered. The Marathi version of the Government Resolution
dated 16.06.2025, is reproduced hereunder :
'जिर्जल्हा परिरषद णिश+कांच्या जिर्जल्हांतगत बदलीसाठीचे
सुधारिरत धोरण ाचा येथील विद.१८.६.२०२४ रोर्जीच्या
शासन विनणयान् ये विनधिfत करण्यात आले आहे . सदर शासन
विनणयातील व्याख्या १.८ मध्ये वि शेष सं ग णिश+क भाग-१
म्हणर्जे वि वि ध आर्जारांनी ग्रस्त णिश+क, विदव्यांग णिश+क,
विदव्यांग मुलांचे पालक परिरत्यक्ता/घटस्र्फोटीत मविहला णिश+क,
५३ षk पूण झालेले णिश+क, वि ध ा, कुमारिरका णिश+क, तसेच
ज्या णिश+कांचे र्जोडीदार शासन विनणयामध्ये नमुद गंभीर
आर्जाराने ग्रस्त आहेत इत्यादी अशा णिश+कांचा समा ेश
करण्यात आला आहे.
२. तथाविप, वि शेष सं ग-१ मधून वि वि ध आर्जारांची
विदव्यांगत् ाची खोटी प्रमाणपत्रे सादर करुन बदलीमधून सूट
विमळवि णाऱ्या णिश+कांचे प्रमाण र्जास्त असल्याच्या तक्रारी प्राप्त
झाल्या आहेत. तसेच काही न्यायालयीन प्रकरणांमध्ये
जिर्जल्हांतगत बदलीमध्ये वि वि ध सं ग विनमाण करुन अशा
णिश+कांना बदलीपासून का गळण्यात आले आहे, याबाबत
खुलासा सादर करण्याबाबत शासनास आदेणिशत केले आहे.
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३. त्यामुळे शासन विनणय विद.१८.६.२०२४ मधील वि शेष सं ग
णिश+क भाग-१ च्या अनुषंगाने खालील सवि स्तर सूचना स
मुख्य कायकारी अधिधकारी, जिर्जल्हा परिरषद यांच्या विनदशनास
आणण्यात येत आहेत,-
I) वि शेष सं ग-१ मध्ये गणले र्जाण्यासाठी संबंधिधत
णिश+काने सादर केलेले विदव्यांगत् ाबाबतचे
ऑनलाईन युडी-आयडी प्रमाणपत्राबाबत नेमण्यात
आलेल्या वित्रसदस्यीय सविमतीस सदर णिश+काच्या
विदव्यांगत् ाबाबत काही साशंकता आढळू न आल्यास,
संबंधिधत णिश+काची जिर्जल्हा शल्य धिचकीत्सकांकडू न
तपासणी करुन घेण्यात या ी.
II) तसेच विदव्यांगत् ाबाबतचे देण्यात आलेले उपरोक्त
प्रमाणपत्र हे विदव्यांगत् ाचे लाभ अनुज्ञेय
करण्याकरीता विदव्यांग कल्याण वि भाग सा र्जविनक
आरोग्य वि भागाने ेळो ेळी विदलेल्या मागदशक
सूचनांप्रमाणे विदलेले असले पाविहर्जे.
III) तसेच वि वि ध आर्जारांबाबत सादर करण्यात
आलेल्या ैद्यकीय प्रमाणपत्रामध्ये अविनयविमतता
आढळू न आल्यास, अशा णिश+कांची देखील जिर्जल्हा
शल्य धिचकीत्सकांमार्फत र्फेरतपासणी करण्यात
या ी.
IV) वि शेष सं ग - १ मधून बदलीसाठी अर्ज सादर
करणाऱ्या घटस्र्फोटीत/परिरत्यक्ता मविहला
णिश+कांबाबत काही अविनयविमतता आढळू न आल्यास
संबंधिधत घटस्र्फोटीत णिशधि+केच्या मा. न्यायालयाने
मंर्जूर केलेल्या घटस्र्फोटाच्या प्रमाणपत्राची प्रमाणिणत
प्रत, परिरत्यक्ता णिशधि+केने ती पतीबरोबर राहत
नसल्याबाबत सादर केलेले स् यंघोषणापत्र, त्यांच्या
रविह ासाचे दाखले, आधार काड, णिशधापवित्रका
इत्यादी रुन पडताळणी करा ी. तसेच
आ श्यकतेनुसार अशा मविहला णिशधि+कांच्या विन ासी
पत्त्या र प्रत्य+ र्जाऊन शहाविनशा करा ी.
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V) विदव्यांग ैद्यकीय प्रमाणपत्रांमध्ये घटस्र्फोटाच्या
आदेशामध्ये तसेच परिरतक्त्या असल्याबाबतच्या
स् यंघोषणापत्रामध्ये काही अविनयविमतता केल्याचे
आढळू न आल्यास, अशा णिश+कां र र्फौर्जदारी गुन्हे
दाखल करण्यात या ेत. तसेच संबंधिधत णिश+काचे
विनलंबन करुन णिशस्तभंगवि षयक काय ाही करण्यात
या ी.
VI) अशा णिश+कांवि रुध्द कार ाई न झाल्याचे आढळू न
आल्यास, संबंधिधत र्जबाबदार अधिधकाऱ्यां र
र्जबाबदारी विनधिfत करण्यात येईल.'
65. It is apparent from the above Government Resolutions
that the State noticed several deficiencies and irregularities in the
medical certificates and UDID cards which certified candidates as
being eligible for benefits to the differently abled persons. There
was a sudden surge of in-service candidates seeking benefits of the
Government Resolution. It was ordered that those candidates whose
medical certificates carry deficiencies or mistakes would be
subjected to a re-examination.
66. We are of the view that those candidates whose medical
certificates or the UDID card suffer from procedural deficiencies or
are acquired by nefarious means, would amount to moral turpitude
on their part. Acquiring bogus certificates or manipulating
authorities to acquire a disability certificate or UDID card so as to
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facilitate selection or become entitled to certain service PwD
benefits, would amount to an immoral act. Moral turpitude is a
conduct that is inherently base, vile, depraved, or contrary to
accepted moral standards of the society. It implies something done
contrary to justice, honesty, modesty, or good morals. The Supreme
Court has described it as an act of baseness, vileness, or depravity in
the private and social duties which a person owes to fellow human
beings or to society in general. If any person has fraudulently
obtained a disability certificate, thereby securing public employment
otherwise meant for genuine persons with disabilities, and enjoying
statutory benefits funded by the public exchequer for years, would
squarely fall within the definition of moral turpitude.
67. Misconduct involving moral turpitude can justify
dismissal or removal from service even for a first offence. It
disentitles an employee from leniency in punishment. The gravity of
the misconduct itself warrants the severest punishment. Courts have
consistently held that offences such as misappropriation, fraud,
fabrication of records, and bribery, fall squarely within the ambit of
moral turpitude. Service length, family circumstances, or being on
the verge of retirement, are not mitigating factors, when the
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foundational act of acquiring an appointment is a result of playing a
fraud.
68. The Courts apply a two-fold test to determine whether
an act constitutes moral turpitude. Was the act inherently wrong, not
merely prohibited by law? Did it involve a fraud, dishonesty, or
deliberate harm to another person or society? It is time and again
held by various Courts that moral turpitude means everything done
contrary to justice, honesty, modesty, or good morals. Applying the
two- fold test, (a) fabrication of records to secure a public office is
inherently wrong because it subverts the selection process and
betrays public trust and (b) such fabrication causes direct and
calculated harm to other eligible candidates who are thereby
displaced. An employee guilty of moral turpitude cannot claim
protection under service rules or equitable doctrines, and
compassion has no place where the initial act itself was vile and
calculated.
69. The acts of persons who indulge in acquiring bogus or
untruthful medical certificates, satisfy both these tests. The
procurement of bogus disability certificates is not merely a
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procedural violation, it is an inherently dishonest conduct directed at
defrauding the State, depriving genuine persons with disabilities of
their rightful entitlements, and enriching oneself through deliberate
deception at the expense of a vulnerable class. These persons do not
merely commit a procedural irregularity. They, (a) obtain certificates
fraudulently by misrepresenting their actual medical condition; (b)
use those certificates to secure Government posts meant for
genuinely disabled persons, thereby depriving the rightful
candidates of their entitlements; (c) avail a host of monetary and
service benefits over an extended period, all funded from the tax
payers contribution; and (d) when the State sought to verify and
expose their fraud, they rush to Court to obstruct the process of
locating the truth.
70. In the Affidavit dated 08.09.2025 filed by Respondent
No. 6, the reasons for prescribing the guidelines for assessing the
disability and also the purpose for such assessment are set out (Page
211). It further appears that on the basis of the said Govt. Circular,
the disability of many Petitioners was freshly assessed by the
certifying authority (a three members committee). It further appears
that the said Authority submitted an adverse report to the
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Respondent Zilla Parishad and then, on the basis of the said adverse
report, the impugned action was initiated by the Respondent
Education Officer.
71. It is canvassed by the Petitioners that the Respondent
Education Officer (Primary), has totally and completely misread the
whole issue and sought to initiate punitive action against the
Petitioners on the sole ground of adverse reports submitted by the
Certifying Authority (three members committee) of the specified
disability of the Petitioners. It is alleged against the Petitioners that
they have committed misconducts of allegedly misguiding the Zilla
Parishad by furnishing incorrect information regarding the
certificates of disabilities/ serious illness. The said punitive action is
being initiated under the provisions of the Maharashtra Zilla
Parishad Service (Discipline and Appeal) Rules, 1964.
72. It is canvassed on behalf of the Respondent State that
numerous petitions have been filed before different Benches of the
Hon'ble High Court challenging the State Government's initiative to
verify, scrutinise, and assess Persons with Disabilities working in
Government/Semi-Government /Government-aided institutions.
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While some Benches have granted interim relief restraining the
verification process, others have declined to interfere at the interim
stage with the State's power to undertake such verification. This has
resulted in conflicting orders, leading to administrative confusion
among the authorities responsible for conducting the verification
and, in some cases, complete stagnation of the process. Because of
the interim orders issued in favour of some of the Petitioners, the
authorities have been unable to proceed, thereby hampering the
implementation of the State's policy decision to ensure that only
genuine Persons with Disabilities receive statutory benefits, is the
contention.
73. The need for this verification exercise arose because the
State Government has been receiving enormous complaints from
various departments and individuals, indicating that several
employees in Government service are using bogus disability
certificates/non-genuine certificates/temporary or below benchmark
disability certificates/UDID cards. Such Employees are working in
Government establishments and are also obtaining benefits that are
reserved exclusively for persons with benchmark disabilities.
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74. As these complaints increased in volume and
considering the seriousness, the State considered it essential to
undertake a systematic and uniform re-verification of disability
certificates, all over the State, without relying upon a select few
complaints that may have been filed by disgruntled elements or busy
bodies. Many individuals, during this process, provided their
documents and appeared before the medical authorities for
assessment. However, a significant number of persons refused to
appear for the medical check-up and instead approached this Court
seeking stay, thereby obstructing the State's verification process.
75. A striking pattern emerging from these Petitions is that,
the individuals who questioned the State's procedure, have
themselves chosen to avoid the medical assessment and verification.
Some have even refused. They are not going to the medical boards,
nor are they cooperating with the verification mechanism. Instead,
they allege non-adherence of the statutory procedure by the State.
76. The Petitioners argue that if the State Government is
dissatisfied with a disability certificate issued by a certifying
authority, it must follow the statutory procedure prescribed under
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Section 59 of the RPwD Act, 2016. This argument proceeds on a
fundamental misunderstanding of Chapter X of the Act. Chapter X
deals exclusively with the certification process for individuals
seeking a disability certificate. Sections 56 and 57 lay down the
guidelines for assessment and the designation of certifying
authorities. These provisions govern the process by which a person
with disability applies for certification.
77. The State has canvassed that the present
verification/scrutiny exercise is not an appeal against a certification
decision. It is policy driven verification scrutiny, undertaken by the
Employer/Government to ensure compliance with statutory
eligibility requirements for reservation and service benefits. Any
individual who wishes to avail benefits under the RPwD Act must
necessarily undergo the certification process under Chapter X and
obtain a UDID card (Central) through the 'Swavlamban Portal'. The
certificate clearly indicates whether the person has a benchmark
disability, a disability below the benchmark, or a temporary
disability.
78. The Rights of Persons with Disabilities Rules, 2017,
especially Rule 18, ensures standardised and uniform certification
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across the country. The RPwD Act assigns colour bands to each
category of disability. This statutory mechanism and its Rules
constitute a complete code for certification. They do not curtail the
State's power to verify the authenticity or continuing validity of
such certificates for service-related purposes.
79. The purpose of the State Policy is to eliminate
bogus/non-genuine disability certificates so that genuine persons
with disabilities can receive benefits that rightfully accrue to them.
Due to petitions filed by persons, who fear
verification/scrutiny/assessment, the entire process has slowed
down, resulting in significant prejudice to genuine Persons with
Disabilities, who continue to be deprived of their rightful
opportunities because fraudulent claimants occupy reserved posts.
[Read Chairman and Managing Director, Food Corporation of India
and others Vs. Jagdish Balaram Bahira), (supra)]. The State desires
to act in accordance with the RPwD Act, 2016 and seeks to invoke
Section 91 of the Act, because many of the employees who are not
genuinely disabled, have been taking benefits meant only for
persons with benchmark disabilities.
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80. The ZP has contended that the statutory provisions and
guidelines issued by the Government as per various resolutions
issued from time to time, cast a duty on the Zilla Parishad to ensure
that the benefits reserved for Persons with Disabilities (PwD), are
not misappropriated. Under Rule 8 of the Maharashtra State Rights
of Persons with Disabilities Rules, 2024, the authorities have the
specific power to refer 'suspicious' cases for re-assessment. The
Government Circular dated 16th June 2025, is a valid administrative
guideline aimed at preventing fraud in the issuance of medical and
disability certificates. It is within the State's power to regulate the
verification of claims for public service benefits to maintain the
integrity of the administration
81. The Respondents initiated a re-verification process to
ensure that the special benefits and privileges intended for persons
with genuine disabilities, are not misappropriated by those who may
have manipulated their disabilities. Clause 5.10.5 of the GR dated
18th June 2024, expressly mandates disciplinary action against any
teacher who knowingly furnishes false information to seek
employment or obtain benefits during their employment. To
maintain absolute integrity in service, as required under Rule 3 of
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the Maharashtra Zilla Parishad District Service (Conduct) Rules,
1967, a re- verification process was initiated.
82. It is further canvassed that the Government Circular
dated 16th June, 2025 specifically provides that if doubt arises
regarding a teacher's disability certificate, the authority may order a
re-examination by a District Civil Surgeon. The G.R. dated 16th
June, 2025 and Communication dated 11 th December, 2025 are not
arbitrary. They are administrative measures designed to streamline
the verification process following a surge in suspicious disability
claims. These circulars do not override the RPWD Act, but rather
support its spirit of ensuring fair distribution of benefits. The action
taken by the Respondent Zilla Parishad is a legitimate exercise of
administrative oversight, i.e. monitoring, supervision and control of
administrative functions, procedures to ensure compliance with
policies and legal standards. The Petitioners cannot claim a vested
right to a benefit based on documentation that an expert
Government Medical Board has found inconsistent with their actual
physical status.
83. According to the State, reassessment is necessary
because simply verifying whether a UDID card exists or is available
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on the 'Swavalamban Portal', does not reveal whether the disability
mentioned on the card and its percentage is genuine or accurate. The
portal can only confirm that a UDID card has been issued. It cannot
tell whether the person actually had the disability (which may be
temporary) at the time it was claimed, whether the disability still
exists, or whether the percentage has now changed.
84. It has been repeatedly observed that many individuals
do have valid UDID cards, yet when seen in person, they appear to
have no disability at all. This issue is especially common in cases of
hearing impairment, certain neurological conditions, low vision, or
certain locomotor disabilities, which are invisible and therefore easy
to fake or exaggerate. That is why such a large number of
Petitioners before this Court, fall in these categories, and that too in
the range of 40% to 50% disability.
85. The State has already identified several cases in which
individuals used fraudulent methods to obtain disability certificates
and UDID cards. The data already placed on record clearly shows
that many such individuals, despite holding valid UDID cards, were
found to have 0% disability upon medical reassessment conducted
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recently. The Additional GP has placed on record, a ready reference
chart of the details of the recently conducted medical re-
assessments. The said chart is annexed to this Judgment, as
Annexure 'X'. This is not speculation. If re-assessment had not been
conducted, these individuals would have continued to claim benefits
meant only for persons with benchmark disabilities, and no one
would have ever known that they were not genuinely disabled.
86. During the hearing, the Petitioners argued that their
disability percentage might have got reduced only because the
assessment guidelines have changed from the old ones to the new
ones. However, when both sets of guidelines are compared, there is
no difference between them. In fact, logically, if a disability is truly
long term as defined in Section 2(s) of the Act, it should remain the
same or increase with age. It cannot decrease. A drastic reduction in
the disability percentage usually means either that the original
disability was temporary or that the earlier certificate was obtained
by adopting improper means.
87. Reassessment is, therefore, the only reliable way to
uncover fraudulent disability claims because it goes beyond
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checking documents and directly examines the person's current, real
medical condition. Fraud in disability benefits usually happens at
the certification stage when a person misrepresents impairment,
exaggerates symptoms, or uses influence or false documentation, to
obtain a certificate. A UDID card or certificate alone cannot
determine whether the person was genuinely disabled at the time of
issuance or is still disabled today.
88. In State of U.P. Vs Ravindra Kumar Sharma & Others
(Civil Appeal arising from SLP(C) NO.8880/2011), the question
involved was as to the right of the appellant to verify the disability
certificates issued by the Medical Board under the provisions of the
Persons with Disabilities (Equal Opportunities, Protection of Rights
and Full Participation) Rules, 1996. In paragraph nos. 10 and 11, it
was held as under :
10. The Division Bench of the High Court has ignored and
overlooked the material fact that verification has already been
done by the Medical Board, and it has been found that
certificates of 21% were fraudulently obtained. The High
Court has issued a direction in the impugned order for the
physical verification of the candidate by the authorities, and,
if he does not suffer from a disability, the certified candidate
can be subjected to a fresh medical test. The High Court has
overlooked that, on mere physical verification, it may not be
possible to ascertain various kinds of disabilities, such as eye
impairments, ear impairments, etc. That can only be done
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through a medical examination, particularly when the High
Court itself has observed that, in cases of genuine suspicion
and fraud, medical certification can be reopened. The
respondents have not questioned directions issued in this
regard. In fact, the process of re-verification was already over
when the High Court issued the aforesaid directions.
11. In our considered opinion in the peculiar facts of this
case of such a fraud and genuine suspicion raised in the
representation lodged by the Viklang Sangh and when 21% of
such certificates have been found to be fraudulently obtained
there was no scope for the Division Bench to interfere and
issue order to perpetuate fraud, writ is to be declined in such a
scenario and no equity can be claimed by the respondents.
89. The Hon'ble Supreme Court reversed the decision of
the Division Bench and restored the view of the Single Bench,
holding that, when fraud is established on such a large scale, the
State Government has full authority to order re-verification. Mere
physical verification is insufficient to detect all disabilities (e.g.,
vision or hearing impairment) and a proper medical examination is
necessary. The Division Bench erred in overlooking the fact that re-
verification had already been completed and that 21% of the
certificates were found to be fraudulent. Before taking individual
action against candidates, each person must be issued a show cause
notice and should be given an opportunity to respond, and the entire
process should be completed within four months. No equity can be
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claimed by persons who obtain benefits through fraudulent acts or
misrepresentation. Even solemn acts and official certificates are not
sacrosanct, if obtained through fraud, is the view of the Hon'ble
Supreme Court.
90. The Rajasthan High Court, in S.B. Civil Writ Petition
no. 15370/2025 and all similar connected Writ Petitions (supra),
delivered a judgment and concluded in paragraph nos. 59 to 62 as
under :-
59. In view of discussions made herein-above, the State
Government is under a constitutional obligation to provide
equal protection, as provided under Articles 14 and 16
of the Constitution of India, and bound to follow the
doctrine of reasonable accommodation while considering
the case of any individual who is declared as a person with
disabilities under the RPwD Act, 2016. At the same time,
the State Government is also duty-bound to prevent misuse
of the provisions of the RPwD Act, 2016, by any
individual, with the aim to usurp the employment
opportunities meant for persons with benchmark
disabilities. If the State Government fails in its
constitutional obligation or omits to do any act in
furtherance of the directions and duties as mandated under
the RPwD Act, 2016, then they are liable for discriminatory
omission.
60. The State Government or the recruiting agency has
every right to assess or reassess the case of benchmark
disability and direct the candidate(s) to undergo assessment
or reassessment of disability in accordance with the
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guidelines issued by the Government of India under Section
56 of the RPwD Act, 2016. The assessment has to be made
by the designated certifying authorities as declared under
Chapter X of the RPwD Act. A designated certifying
authority cannot issue any certificate that is not in
accordance with the guidelines issued by the Government
of India under Section 56 of the RPwD Act, 2016. A
designated certifying authority is not competent to issue a
disability certificate beyond its jurisdiction, as determined
by the State Government.
61. The State Government or the recruiting agency may
direct anyone, whether an employee who secured a job on
the basis of a disability certificate or a candidate who
appeared to claim a reservation quota under the RPwD Act,
2016, to appear before any designated authority to assess or
reassess the disability of such person.
62. Thus, the writ petitions are disposed of in the following
manner:-
(i) The petitioner(s) have no right to challenge the
assessment or reassessment order issued by
the State Government or the respondent (s)
for reassessment of benchmark disability.
No person is entitled to be considered for
appointment to a seat reserved for persons with
benchmark disabilities, unless his/her
benchmark disability is assessed as per Chapter-
X of the RPwD Act, 2016.
(ii) The respondent(s) are free to assess or reassess
the benchmark disability of the petitioner(s) in
accordance with the provisions of the RPwD
Act, 2016. Such assessment shall be made in
accordance with the guidelines framed by the
Government of India in exercise of powers
under Section 56 of the RPWD Act, 2016.
(iii) Any certificate issued by any Medical Board or
Medical Officer, not designated as a certifying
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authority under Section 57 of the RPwD Act, is
invalid and illegal, and the same cannot be
relied upon for availing any benefit under the
RPwD Act, 2016, or the rules made thereunder.
(iv) The respondent(s), including recruiting
agencies, are directed to ensure that the
certification process conforms to the standards
as prescribed by the Government of India under
the RPwD Act,2016, and the rules made
thereunder.
(v) The State Government is also under an
obligation to notify the designated certifying
authorities along with their jurisdiction for
issuance of certificates under Section 2 (r), 2(s),
or 2(t) to declare a person as having a disability
or a benchmark disability, or a person with high
support needs.
(vi) After assessment or reassessment of in-service
candidate(s), if the respondent(s) find that the
candidate does not have a benchmark disability
as required under the Act of 2016, then they are
free to take any action as discussed herein-
above.
(vii) If a candidate appears in a recruitment process
on the basis of benchmark disability, then the
recruiting agency is duty-bound to assess or
reassess his benchmark disability through a
designated certifying authority as notified under
Section 57 of the RPwD Act, 2016. Such an
assessment has to be made strictly on the basis
of guidelines issued by the Government of India
under Section 56 of the RPwD Act, 2016.
(viii) The petitioner(s) are not entitled to any
protection under the law. Still, any action
against them shall be taken or initiated only
after reassessment of their benchmark disability
under the directions of the respondent(s),
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following the procedure prescribed under
Chapter X of the RPWD Act, 2016.
91. Following the law laid down by the Hon'ble Supreme
Court in Ravindra Kumar Sharma (supra) and the Rajasthan High
Court, while expressing our complete agreement with the
observations in paragraph 62 of Ram Prakash Kharlwa (supra), we
find that the following principles can be culled out to be made
applicable to the cases before us, in the peculiar facts and
circumstances, while reiterating the directions set out in paragraph
62 of Ram Prakash Kharlwa (supra):
a) Re-verification of disability certificates is permissible
under the Maharashtra Rules of 2024. The State's direction for
re-examination, for valid reasons, does not amount to a
violation of Articles 14, 16 or 21 of the Constitution of India.
b) There is no conclusive presumption in favour of a
disability certificate once issued under the RPWD Act, 2016,
so as to be binding against all entities, for all purposes and in
perpetuity, unless the strict guidelines applicable while
issuing the UDID cards, have been scrupulously followed and
non-observance of a material/significant condition thereunder
would render such card invalid.
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c) A certificate issued by an authority, not designated
under Section 57 of the RPwD Act, or contrary to the
guidelines under Section 56, is invalid and non-est in the eyes
of the law. No equities or benefits can be claimed in
perpetuity on the basis of such a certificate.
d) A person who secures Government employment by
producing a fake or false disability certificate, has no
protection under the law. Employment obtained through fraud
is void ab initio and confers no protected right.
e) The employer may terminate the services of such a
person (covered by clause 'd' above), by issuing him/her a
show cause notice for a hearing and conduct a departmental
enquiry on the charge of having produced a forged or bogus
or false certificate/UDID card. In the alternative, recourse to
S.91 of the 2016 Act, is legally permissible.
f) Criminal prosecution under Section 91 of the RPwD
Act is available and within the domain of the concerned
department, in view of clauses (d) and (e).
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(also read, Ram Chandra Singh v. Savitri Devi, (2003) 8 SCC
319 and Bhaurao Dagdu Paralkar v. State of Maharashtra,
(2005) 7 SCC 605.)
g) The Rajasthan High Court, however, has carved out one
significant protection to the Employees, which we approve as
well. It held that, where a State Government, after a change of
Government, pursues an employee to undergo reassessment
multiple times, the employee does have a right to challenge
such action. . However, in the present cases, in the back-drop
of a first time policy driven uniform verification and
distinguishing facts, such remedy will not be available to the
present Employees.
92. We are aware that we are dealing with peculiar facts
and strange and unforeseen circumstances. It rarely so happens that
after issuance of the medical certificates and the UDID cards, a
large number of beneficiaries are noticed to have indulged in
irregularities/fraud, which also stinks of the involvement of the
medical faculty. Normally, there is no reason to suspect anybody
who has such certificate or card. However, from 2023 onwards, the
concerned department of the State has been grappling with growing
Sunny Thote 130 of 147
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discoveries of exaggerated disability percentages. Pursuant to the
Administrative Order passed by the Hon'ble The Chief Justice, all
these matters from the Benches have been clubbed and placed
before our Court. We have directed, as an interim measure, that all
the Petitioners and similarly placed employees would subject
themselves for the medical examination and we have restrained the
concerned department for initiating precipitative action against any
of these Petitioners/employees, until further orders.
93. We are of the opinion that the impugned action of
medical re-examination stands the test of Article 14 of the
Constitution of India. The action of the State authorities must stand
the test of non-arbitrariness, which is not a formal requirement. It is
inherently a substantive constitutional command. In Kumari
Shrilekha Vidyarthi and Others vs. State of Uttar Pradesh and
Others1, the Hon'ble Supreme Court held that every State action
must be supported by reason and must eschew arbitrariness, the
ratio being that arbitrariness is the very antithesis of equality and
fairness. This principle was crystallised in the case of Maneka
Gandhi vs. Union of India and Another2, when it was held that the
1 (1991) 1 SCC 212
2 (1978) 1 SCC 248
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procedure established by law must be just, fair, and reasonable, and
not arbitrary or oppressive. It is trite that statutory interpretation
cannot be segregated from its consequences, particularly where
those are shaped by the conduct of the State itself. In all these cases
before us, we find that the State is conducting the medical re-
examination, pan-Maharashtra and is not restricted to any particular
area of region in the State. All PwD employees are uniformly
subjected to the said test.
94. The learned Senior Advocates Shri Bandiwadekar, Shri
Pakale and Shri Kadam, along with may advocates have contended
that, at several places, the State has not constituted any special
medical board and several employees have been directed to undergo
medical examination at the hands of either a Civil Surgeon or a team
of doctors at the local places. The learned Addl GP submits that the
State has issued a GR constituting Medical Boards even at the
Taluka levels and no Employee has been subjected to a medical re-
examination by any medical practitioner or Civil Surgeon.
ORDER AND DIRECTIONS
95. Having concluded, in the light of the submissions,
cited Judgments/Orders of the Hon'ble Supreme Court and the
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Rajasthan High Court that the State has the authority to carry out
medical examination for re-assessment, in peculiar, specific and
warranting circumstances, we deem it appropriate to approve such
exercise undertaken by the State, as a one time measure, provided a
special Medical Board is constituted for the purpose of the medical
re-examination. In future cases (new cases) of appointments or in-
service disability claims, after the date of this judgment, the
authorities would be bound to follow the RPwD Act, 2016 and the
2017 Rules r/w the Maharashtra Rules, 2024.
96. In view of the above, all the Writ Petitions are partly
allowed and the impugned orders of suspension/stoppage of
salaries/orders for registering FIRs/cancellation of Approvals or the
Shalarth IDs/disciplinary orders/transfers, etc., issued during the
continuance of the medical re-verification/re-assessment exercise,
shall stand quashed and set aside, subject to the directions set out in
Paragraph No.97 hereunder.
97. Since the State claims to have constituted special
medical boards, as per the GR dated 14.09.2018 and 09.01.2019 for
such medical re-examination/re-verification/re-assessment of the
Sunny Thote 133 of 147
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disabilities of all Employees, we deem it appropriate to regulate the
remedial/consequential action, in our Writ jurisdiction under Article
226 of the Constitution of India, in order to avoid shockingly
disproportionate disciplinary action by the Employer. For the said
purpose, we are placing the Petitioners/employees (definition of
Employees/PwD is mentioned in the NOTE below the table), who
are directed to undergo fresh medical examination, into the
following categories and we are recommending action to be initiated
after the results of such medical tests, as under :
CATEGORIES ACTION TO BE INITIATED
(a) Employees who have None should be subjected to a
superannuated or have medical re-examination/re-
opted for voluntary verification or a punitive action.
retirement, as on the date They shall be entitled for all
of this Judgment retirement benefits, if there is no
other impediment.
(b) Employees/PwDs, they shall be issued with show-cause
notwithstanding the notices with 15 days notice period to
length of service of any tender their written say/statement. If
such candidate, found to their replies are found to be
have acquired bogus unsatisfactory, the Employer shall
medical certificates issue them a charge sheet and
and/or bogus UDID conduct a departmental enquiry and
cards, after the medical if the charges are proved, pass an
re-assessment/re- order of compulsory retirement from
verification exercise service.
(c) Employees/PwDs whose they would be deprived of PwD
disability percentage has reservation service benefits made
fallen below 40% upto available on the basis of any
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11% (11-39%), after the Government Resolution issued from
medical re-verification/ time to time.
re-assessment exercise
(d) Employees/PwDs, they shall be issued with show-cause
whose disability notices with liberty to file their
percentage has fallen written say/reply within 15 days. If
between 0% to 10%, their replies are found to be
after the medical re- unsatisfactory, the Employer shall
verification/re- issue them a charge sheet and
assessment exercise conduct a departmental enquiry and
if the charges are proved, pass an
order of compulsory retirement from
service.
Note :
(i) All 'Employees' or 'PwDs' shall mean and include, PwDs
(disability prior to joining service) who secured employment on
posts reserved for the PwD, and those in-service Employees who
have acquired the disability while being in service.
(ii) All 'Employees' or 'PwDs' shall mean and include, the
Petitioners in the Court, as well as those identically placed who have
not approached the Court.
----------------------------------------------------------------------------------
(e) We direct that if there is any such case of examination
by any entity other than a State constituted Medical Board,
or if any employee has acquired an UDID card and such a
card has been subjected to a re-verification exercise at the
hands of a Civil Surgeon or a team of doctors, who do not
constitute a Medical Board, the test results of such re-
examination should be discarded and such Employee should
be referred to a Medical Board constituted for re-
examination, afresh along with the UDID card, if any.
(f) None of the Employees/PwDs, shall refuse to undergo
the medical re-examination/re-verification/re-assessment.
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(g) If any such Employee/PwD refuses the examination on
the first occasion, he/she will be granted a second chance
within 21 days. If he/she declines even on the second
occasion by putting forth any reason, it shall be deemed that
he/she desires to avoid the examination and such
Employee/PwD shall then be placed under suspension until
he/she undergoes the examination. During such suspension,
he/she shall be entitled for only 50% basic salary as
suspension allowance until the suspension lasts. If he/she is
adamant and does not undergo the medical re-examination
and prefers to continue under suspension till superannuation,
he/she shall be entitled for only 50% of all retirement
dues/pension/gratuity, etc..
(h) Such medical re-examination/re-verification/re-
assessment exercise, which has already commenced a few
months ago, shall be completed by the State Government,
within a further period of 120 days.
(i) If any Employee/PwD, falling in the afore stated
category (b) to (f), desires to avoid any disciplinary action,
he shall file an apology affidavit with an application for
voluntary retirement, provided he/she is eligible for
pensionary benefits, and quit employment with all retirement
dues, the Employer may accept such application within 15
days of it's submission. If any Employer desires to reject
such apology and the application for voluntary retirement, a
reasoned order shall be passed within 15 days, failing which,
it shall be deemed to have been accepted.
98. We make it clear that we have issued the above
directions in view of the peculiar facts and unforeseen
circumstances, as a one time measure in the light of our analysis and
conclusions on the material available before us. We also record that,
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902-WP-4325-2026+.odt
it is only in such circumstances, that we are not approving action u/s
91. In any such future cases, Section 91 would have applicability.
99. The fear of 'black sheep' manipulating the medical
certificates or UDID cards for facilitating their appointment, cannot
be ruled out, even in future. Therefore, we direct that, in future, any
candidate who applies for a post reserved for a PwD or an in-service
candidate claims to have acquired any disability, each such case
shall be subjected to the rigours of the exercise as is provided under
the RPwD Act, 2016, the 2017 Rules and the Maharashtra Rules,
2024. A UDID card issued by following the due procedure as
prescribed by the 'Department of Empowerment of Persons with
Disabilities, Ministry of Social Justice and Empowerment, Govt. of
India', for the purpose of issuing UDID CARD through the
Swavlambancard.gov.in portal, alone shall be held to be valid. Only
such UDID card and accompanying documents would be considered
valid, at the first instance, i.e. at the time of his entry in employment
from the PwD quota or before extending the PwD service benefits to
an in-service candidate.
Sunny Thote 137 of 147
902-WP-4325-2026+.odt
100. We also make it clear that in any such a re-verification
exercise, the role of any Doctor involved in the issuance of a bogus
medical certificate or UDID card or exaggeration in the disability
percentage, is noticed, if the said Doctor is in service, he/she shall
be subjected to disciplinary action. The case of such a Doctor shall
be referred to the concerned department Head under the letter of the
employer/Zilla Parishad/Head of the Education Department of a
Corporation etc. for disciplinary action. If such a doctor has
superannuated, an FIR shall be registered against him/her.
101. We also direct that henceforth, in recruitment in such
instrumentalities as like the Respondents before us, any candidates
applying for a post reserved for the PwD, would present their
medical certificates and UDID cards, which shall be scrutinized
threadbare by the prospective employer and such candidates shall be
subjected to a detailed medical examination only to confirm that the
medical certificates/UDID cards are genuine and the percentage of
disability mentioned therein has been appropriately arrived at.
Thereafter, the appointments may be made.
Sunny Thote 138 of 147
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102. Pending Interim Applications would not survive and
stand disposed off.
(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)
Sunny Thote 139 of 147
ANNEXURE 'X' विदव्यांग कल्याण वि भाग/कायासन-3
मा. उच्च न्यायालय, मुंबई येथे दाखल रिरट याधिचका क्र. 834/ 2026 इतर हेमलता रामदास प ार इतर वि रुद्ध महाराष्ट्र शासन इतर.
शासन विनणय विदनांक 9 आक्टोबर, 2025 नुसार शासकीय कायालयांतगत आस्थापनां रील बना ट विदव्यांग प्रमाणपत्राच्या आधारे शासकीय नोकरी विमळवि ले ल्या अधिधकारी
/ कमचारी यांची संख्या त्यांचे र करण्यात आले ल्या काय ाहीबाबत विदनांक 4 मे, 2026 रोर्जीपय„तची सद्यस्थिस्थतीबाबतचा अंतरिरम अह ाल/ माविहती.:- (जिर्जल्हा परिरषद)
अ.क्र. कायालयाचे ना एकूण विदव्यांग पडताळणी करण्यात पडताळणीअंती प्रमाणपत्र शेरा
अधिधकारी/ आले ल्या अधिधकारी नसले ले/ बना ट विदव्यांगत्
कमचाऱ्यांची / कमचाऱ्यांची प्रमाणपत्र / 40 टक्के पे+ा
संख्या संख्या कमी विदव्यांगत् अढळले ल्या
अधिधकारी / कमचाऱ्यांची
संख्या
1 जिर्जल्हा परिरषद रत्नाविगरी 298 130 17 उ रिरत 54 अधिधकारी / कमचारी यांची पडताळणी करण्याची
काय ाही सुरु आहे.
2 जिर्जल्हा परिरषद, ठाणे 119 118 09 -
3 जिर्जल्हा परिरषद पुणे 629 211 46 मा. उच्च न्यायालय, मुंबई यांचेकडील रिरट विपटीशन क्र.
17568/2025 विद. 24 धिडसें. 2025 नुसार
यांधिचकाकत्याच्या से ा संरधि+त करण्यात आले ल्या असल्याने
मा. उच्च न्यायालय, मुंबई यांचा पुढील आदेश प्राप्त
झाल्यानंतर विनयमोचीत काय ाही करण्यात येईल.
4 जिर्जल्हा परिरषद सिंसधुदगू 123 0 0 विदव्यांग प्रमाणपत्राचे आधारे लाभ घेतले ल्या कमचाऱ्यांचे
UDID पडताळणी करण्याची काय ाही सुरु आहे.
5 जिर्जल्हा परिरषद पालघर 145 118 - 27 कमचाऱ्यांनी युडीआयडी काड पुढील तपासणीसाठी सादर
केले ले आहेत.
7 जिर्जल्हा परिरषद कोल्हापूर 403 114 12 उ रिरत कमचारी यांची पडताळणीची काय ाही सुरू आहे.
8 जिर्जल्हा परिरषद नाणिशक 614 40 27 उ रीत अधिधकारी / कमचारी यांची पडताळणी काय ाही सुरू
आहे.
140 of 147
अविहल्यानगर
10 जिर्जल्हा परिरषद र्जालना 261 192 - 40 कमचारी पडताळणी वि रोधात मा. उच्च न्यायालयात गेले
असून सदर प्रकरण न्यायप्रवि ष्ठ आहे.
12 जिर्जल्हा परिरषद लातूर 283 282 05 तसेच अद्याप UDID प्राप्त नसले ल्या कमचाऱ्यां र शासन
विनणय विद. 27.06.2025 प्रमाणे काय ाही प्रस्ता ीत करण्यात
आली आहे.
13 जिर्जल्हा परिरषद नांदेड 630 523 04 04 णिश+कांना विनलं विबत केले आहे. 107 कमचाऱ्यांचे
पडताळणी अह ाल अप्राप्त.
14 जिर्जल्हा परिरषद धाराणिश 283 112 - 112 विदव्यांग अधिधकारी / कमचाऱ्यांची पडताळणी करण्यात
आले ली आहे. तथाविप अह ाल अद्याविप अप्राप्त आहे.
उ रिरत 171 कमचाऱ्यांची पडताळणी करण्याची काय ाही
सुरु आहे.
15 जिर्जल्हा परिरषद बुलढाणा 880 880 - सदर प्रकरणी विदव्यांग कमचाऱ्यांच्या विदव्यांगत् ाची तसेच त्यांचे
विदव्यांग प्रमाणपत्र तपासणीची काय ाही सुरु आहे.
16 जिर्जल्हा परिरषद य तमाळ 470 470 17 64 कमचाऱ्यांना कारणे दाख ा नोटीस बर्जा ण्यात आले ली
असून त्यापैकी 47 कमचाऱ्यांनी मा. उच्च न्यायालय, खंडपीठ
नागपूर येथे याधिचका दाखल केली आहे.
17 जिर्जल्हा परिरषद अकोला 260 - - कायालयात कायरत विदव्यांग कमचाऱ्यांची पडताळणी
करणेबाबत सूचना विदले ल्या आहेत.
19 जिर्जल्हा परिरषद धा 99 95 01 UDID CARD प्रलं विबत असले ल्या एकुण-04 कमचारी यांना
UDID CARD सादर करणेबाबत कारणे दाख ा नोटीस देण्यात
आली असुन विदव्यांग प्रमाणपत्र पडताळणी करणेबाबत
काय ाही सुरु आहे.
20 जिर्जल्हा परिरषद गोंविदया 225 225 04 ज्या कमचाऱ्यांनी अद्यापही UDID प्रमाणपत्र कायालयास
सादर केले ले नाही त्यांचे लाभथांबवि णे बाबत संबंधिधत
141 of 147
वि भागास सूधिचत करण्यात आले ले आहे. तशी काय ाही
संबंधिधत वि भागांनी केले ली आहे.
23 जिर्जल्हा परिरषद नंदरु बार 207 197 2 UDID सादर न केले ल्या 19 कमचाऱ्यांना कारणे दाख ा
नोटीस देण्यात आले ली आहे.
24 जिर्जल्हा परिरषद र्जळगा 687 57 29 06 कमचाऱ्यांचे प्रकरण न्यायप्रवि ष्ठ आहे.
4 कमचाऱ्यां र वि भागीय चौकशी प्रस्तावि त करण्यात आले ली
आहे.
25 जिर्जल्हा परिरषद छत्रपती 353 353 03 UDID सादर न केले ल्या कमचाऱ्यांचे लाभ थाबवि णे बाबत
संभार्जी नगर सूचना विदले ल्या आहेत.
26 जिर्जल्हा परिरषद बीड 456 16 3 2 कमचाऱ्यांनी अपील केले ले आहे.
27 जिर्जल्हा परिरषद सातारा 697 512 141 सदर 141 कमचाऱ्यांपक ै ी 83 कमचाऱ्यांनी मा. उच्च
न्यायालय, मुंबई सर्किकट बेंच कोल्हापुर येथे 17 रिरट याधिचका
दाखल केल्या आहेत. 134 कमचाऱ्यांचे पाल्याचे
विदव्यांगत् ाचे प्रमाण 40 टक्के पे+ा कमी आढळू न आले असून
कार ाई करण्यात येत आहे. उ रीत कमचाऱ्यांच्या विदव्यांगत्
प्रमाणपत्राची पडताळणी करणेबाबतची काय ाही सुरु आहे.
28 जिर्जल्हा परिरषद रायगड 318 164 - 164 कमचाऱ्यांपक ै ी 66 कमचाऱ्यांची तपासणी उपसंचालक,
आरोग्य से ा, मुंबई मंडळ, ठाणे यांचेकडू न करण्यात आली
आहे. मात्र अह ाल अप्राप्त आहेत. णिश+क सं गातील 98
विदव्यांग कमचाऱ्यांची पडताळणी करण्याबाबत उपसंचालक
आरोग्य से ा, मुंबई मंडळ यांचेकडे सादर केले आहे.
29 जिर्जल्हा परिरषद चंद्रपूर 255 255 6 6 कमचाऱ्यांचे विदव्यांगत् ाचे प्रमाण 40 टक्के पे+ा कमी आढळू न
आले आहे.
142 of 147
30 जिर्जल्हा परिरषद अमरा ती 281 281 2 -
33 जिर्जल्हा परिरषद ाणिशम 152 66 0 41 कमचाऱ्यांचे अह ाल अद्यापी अप्रात आहेत. उ रिरत 86
कमचाऱ्यांच्या तपासणीची काय ाही सुरु आहे.
34 जिर्जल्हा परिरषद सोलापूर 497 381 0 -
143 of 147
विदव्यांग स+मीकरण वि भाग/कायासन-3
मा. उच्च न्यायालय, मुंबई येथे दाखल रिरट याधिचका क्र. 834/ 2026 इतर हेमलता रामदास प ार इतर वि रुद्ध महाराष्ट्र शासन इतर.
शासन विनणय विदनांक 9 आक्टोबर, 2025 नुसार शासकीय कायालयांतगत आस्थापनां रील बना ट विदव्यांग प्रमाणपत्राच्या आधारे शासकीय नोकरी विमळवि ले ल्या अधिधकारी
/ कमचारी यांची संख्या त्यांचे र करण्यात आले ल्या काय ाहीबाबत विदनांक 10 र्फेब्रु ारी, 2026 रोर्जीपय„तची सद्यस्थिस्थतीबाबतचा अंतरिरम अह ाल/ माविहती. (जिर्जल्हाधिधकारी
कायालय) :-
अ.क्र. कायालयाचे ना एकूण विदव्यांग पडताळणी करण्यात पडताळणीअंती प्रमाणपत्र नसले ले/ शेरा
अधिधकारी/ आले ल्या अधिधकारी / बना ट विदव्यांगत् प्रमाणपत्र / 40
कमचाऱ्यांची संख्या कमचाऱ्यांची संख्या टक्के पे+ा कमी विदव्यांगत्
अढळले ल्या अधिधकारी /
कमचाऱ्यांची संख्या
1 वि भागीय आयुक्त 279 279 01 1 कमचाऱ्याचे विदव्यांगत् ाचे प्रमाण 40 टक्के पे+ा
कायालय, छत्रपती कमी आढळू न आले आहे.
संभार्जीनगर
2 वि भागीय आयुक्त 4 4 0 -
कायालय, नाणिशक
3 जिर्जल्हाधिधकारी 27 23 - उ रिरत कमचाऱ्यांना UDID प्रमाणपत्र सादर
कायालय, गोंदीया करणेबाबत सुचना विदले ल्या आहेत.
4 जिर्जल्हाधिधकारी 17 16 - 1 कमचाऱ्यास पडताळणी करिरता उपस्थिस्थत
कायालय, गडधिचरोली राहणेबाबत कळवि ण्यात आले आहे.
5 जिर्जल्हाधिधकारी 61 51 - 10 कमचाऱ्यांनी UDID ओळखपत्र विमळ ण्यासाठी
कायालय, कोल्हापूर अर्ज सादर केला असून त्यांचे UDID ओळखपत्र
अद्याप अप्राप्त आहे.
6 जिर्जल्हाधिधकारी 20 20 - -
कायालय, धा
7 जिर्जल्हाधिधकारी 34 34 - -
कायालय, नागपूर
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8 जिर्जल्हाधिधकारी 7 3 - -
कायालय, मुंबई शहर
9 जिर्जल्हाधिधकारी 18 11 0 -
कायालय, चंद्रपूर
10 जिर्जल्हाधिधकारी 13 12 0 -
कायालय, नंदरू बार
11 जिर्जल्हाधिधकारी 4 4 0 -
कायालय, सातारा
12 जिर्जल्हाधिधकारी 68 46 0 -
कायालय, नांदेड
एकूण 552 503 01 -
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विदव्यांग स+मीकरण वि भाग/कायासन-3
मा. उच्च न्यायालय, मुंबई येथे दाखल रिरट याधिचका क्र. 834/ 2026 इतर हेमलता रामदास प ार इतर वि रुद्ध महाराष्ट्र शासन इतर.
शासन विनणय विदनांक 9 आक्टोबर, 2025 नुसार शासकीय कायालयांतगत आस्थापनां रील बना ट विदव्यांग प्रमाणपत्राच्या आधारे शासकीय नोकरी विमळवि ले ल्या अधिधकारी
कमचारी यांची संख्या त्यांचे र करण्यात आले ल्या काय ाहीबाबत विदनांक 10 र्फेब्रु ारी, 2026 रोर्जीपय„तची सद्यस्थिस्थतीबाबतचा अंतरिरम अह ाल/माविहती. (महानगरपाजिलका) :-
अ.क्र. कायालयाचे ना एकूण विदव्यांग पडताळणी करण्यात पडताळणीअंती प्रमाणपत्र नसले ले/ बना ट शेरा
अधिधकारी/ आले ल्या अधिधकारी / विदव्यांगत् प्रमाणपत्र / 40 टक्के पे+ा कमी
कमचाऱ्यांची संख्या कमचाऱ्यांची संख्या विदव्यांगत् अढळले ल्या अधिधकारी /
कमचाऱ्यांची संख्या
1 न ी मुंबई 60 57 1 -
महानगरपाजिलका
2 चंद्रपुर शहर 12 12 - 4 कमचाऱ्यांची पडताळणी करण्यात आली
महानगरपाजिलका, असुन त्यांचे अह ाल प्राप्त झाले ले आहेत.
चंद्रपुर उ रीत 8 कमचाऱ्यांचे अह ाल अद्यापी अप्राप्त
आहेत.
3 महानगरपाजिलका, 5 5 - -
लातुर
4 महानगरपाजिलका, धुळे 14 14 - -
5 महानगरपाजिलका, पुणे 136 06 - -
6 बृहन्मुंबई 1259 188 1 उ रिरत अधिधकारी / कमचाऱ्यांच्या पडताळणीची
महानगरपाजिलका काय ाही सुरु आहे.
7 सांगली, विमरर्ज 35 35 - -
कुप ाड शहर
महानगरपाजिलका
8 नागपूर 48 32 - -
महानगरपाजिलका
9 नांदेड ाघाळा शहर 47 08 0 विदव्यांगत् प्रमाणपत्र सादर न करणाऱ्या 3
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महानगरपाजिलका, कमचाऱ्यांची वि भागीय चौकशी प्रस्तावि त
नांदेड करण्यात आले ली आहे.
एकूण 1,616 357 02 -
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